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A BILL TO BE ENTITLED
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AN ACT
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relating to the admission of persons who are not legal residents of |
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the United States to public 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. Section 51.801, Education Code, is amended to |
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read as follows: |
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Sec. 51.801. DEFINITIONS. In this subchapter, "general |
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academic teaching institution," "governing board," "institution of |
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higher education," "medical and dental unit," and "university |
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system" have the meanings assigned by Section 61.003. |
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SECTION 2. Subchapter U, Chapter 51, Education Code, is |
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amended by adding Section 51.806 to read as follows: |
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Sec. 51.806. ADMISSION PREFERENCE FOR LEGAL RESIDENTS. (a) |
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In this section, "undocumented immigrant" means a person who: |
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(1) is not a citizen or other national of the United |
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States; and |
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(2) is not lawfully authorized to be present in the |
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United States under the Immigration and Nationality Act (8 U.S.C. |
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Section 1101 et seq.) or other federal law. |
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(b) An institution of higher education may not consider for |
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admission an applicant who is an undocumented immigrant until each |
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qualified applicant who is a citizen or other national of the United |
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States or who is otherwise lawfully present in the United States has |
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first been offered admission. |
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(c) Each institution of higher education shall determine |
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the citizenship status of each applicant at the time of the |
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applicant's application for admission. |
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(d) To make the determination required by Subsection (c), |
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the institution of higher education shall require each applicant to |
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provide: |
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(1) if the applicant was born a citizen or other |
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national of the United States, an original or certified copy of the |
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applicant's birth certificate; or |
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(2) if the applicant was not born a citizen or other |
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national of the United States: |
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(A) a notarized copy of official documentation of |
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the applicant's citizenship or immigration status; and |
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(B) an affidavit by which the applicant attests |
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that the documentation presented states the true identity and |
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status of the applicant. |
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SECTION 3. This Act applies beginning with admissions to |
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institutions of higher education for the 2012-2013 academic year. |
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Admissions to an institution of higher education before that |
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academic year are governed by the law in effect before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. The Texas Higher Education Coordinating Board |
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shall adopt rules relating to the admission of students under |
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Section 51.806, Education Code, as added by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 5. 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. |