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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement of lawful presence in the United States |
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for receipt of state educational benefits and to the determination |
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of resident status of and tuition rates for students by public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.954 to read as follows: |
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Sec. 51.954. STATE EDUCATIONAL BENEFITS: LAWFUL PRESENCE IN |
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UNITED STATES REQUIRED. (a) Notwithstanding any other provision |
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of this title, a person who is not authorized by law to be present in |
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the United States is not considered to be a resident of this state |
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for purposes of: |
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(1) receiving from this state an educational benefit, |
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including a scholarship or other financial aid, for use in |
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attending a public or private institution of higher education; or |
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(2) determining the amount of tuition or fees charged |
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to the person by a public institution of higher education. |
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(b) The Texas Higher Education Coordinating Board shall |
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adopt rules as necessary to administer this section. |
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SECTION 2. Subchapter B, Chapter 54, Education Code, is |
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amended by adding Section 54.0516 to read as follows: |
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Sec. 54.0516. TUITION RATES FOR UNLAWFULLY PRESENT |
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STUDENTS. The tuition rate per semester credit hour charged by an |
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institution of higher education to a student who is not authorized |
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by law to be present in the United States or who is required to |
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submit documentation under Section 54.053(b) but fails to submit |
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the required documentation may not be lower than the highest |
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tuition rate per semester credit hour charged by the institution to |
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a student who is a citizen of the United States or otherwise |
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authorized by law to be present in the United States. |
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SECTION 3. Section 54.052, Education Code, is amended to |
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read as follows: |
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Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) |
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Subject to the other applicable provisions of this subchapter |
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governing the determination of resident status, the following |
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persons are considered residents of this state for purposes of this |
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title: |
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(1) a person who: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the person is enrolled in an institution of higher education; |
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and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; and |
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(2) a dependent whose parent: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the dependent is enrolled in an institution of higher |
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education; and |
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(B) maintained that domicile continuously for |
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the year preceding that census date[; and
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[(3) a person who:
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[(A)
graduated from a public or private high
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school in this state or received the equivalent of a high school
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diploma in this state; and
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[(B)
maintained a residence continuously in this
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state for:
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[(i)
the three years preceding the date of
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graduation or receipt of the diploma equivalent, as applicable; and
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[(ii)
the year preceding the census date of
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the academic term in which the person is enrolled in an institution
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of higher education]. |
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(b) For purposes of this section, the domicile of a |
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dependent's parent is presumed to be the domicile of the dependent |
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[unless the person establishes eligibility for resident status
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under Subsection (a)(3)]. |
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SECTION 4. Section 54.053, Education Code, is amended to |
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read as follows: |
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Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT |
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STATUS. (a) A person shall submit the following information to an |
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institution of higher education to establish resident status under |
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this subchapter: |
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(1) if the person applies for resident status under |
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Section 54.052(a)(1): |
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(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; and |
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(B) a statement by the person that the person's |
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presence in this state for that period was for a purpose of |
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establishing and maintaining a domicile; or |
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(2) if the person applies for resident status under |
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Section 54.052(a)(2): |
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(A) a statement of the dates and length of time |
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any parent of the person has resided in this state, as relevant to |
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establish resident status under this subchapter; and |
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(B) a statement by the parent or, if the parent is |
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unable or unwilling to provide the statement, a statement by the |
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person that the parent's presence in this state for that period was |
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for a purpose of establishing and maintaining a domicile[; or
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[(3)
if the person applies for resident status under
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Section 54.052(a)(3):
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[(A)
a statement of the dates and length of time
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the person has resided in this state, as relevant to establish
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resident status under this subchapter; and
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[(B)
if the person is not a citizen or permanent
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resident of the United States, an affidavit stating that the person
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will apply to become a permanent resident of the United States as
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soon as the person becomes eligible to apply]. |
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(b) In addition to the information required by Subsection |
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(a), an institution of higher education shall require a person for |
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whom a residency determination is being made to submit: |
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(1) a certified copy of the person's birth certificate |
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issued by an agency of the United States, a state or territory of |
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the United States, or the District of Columbia; or |
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(2) documentation issued by the United States agency |
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responsible for citizenship and immigration that authorizes the |
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applicant to be in the United States. |
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SECTION 5. The Texas Higher Education Coordinating Board |
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shall adopt any rules necessary under Section 51.954, Education |
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Code, as added by this Act, relating to requiring authorization by |
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law to be present in the United States as a condition for receiving |
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state educational benefits and paying tuition and fees at resident |
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rates as soon as practicable after this Act takes effect. For that |
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purpose, the coordinating board may adopt the initial rules in the |
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manner provided by law for emergency rules. |
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SECTION 6. Sections 51.954 and 54.0516, Education Code, as |
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added by this Act, apply beginning with state educational benefits |
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and tuition and fee rates for the 2011 fall semester. |
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SECTION 7. Notwithstanding Subchapter B, Chapter 54, |
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Education Code, a public institution of higher education in this |
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state may, for any semester or academic term, before the beginning |
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of that semester or academic term, reclassify as a nonresident a |
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student classified as a resident of this state by the institution or |
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another public institution of higher education in this state under |
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Section 54.052(a)(3), Education Code, as that section existed |
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before amendment by this Act, if the student is not otherwise |
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eligible to be classified as a resident of this state under |
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Subchapter B, Chapter 54, Education Code. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |