82R7643 KYF-D
 
  By: Sheets H.B. No. 2011
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the admission of persons who are not legal residents of
  the United States to public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.801, Education Code, is amended to
  read as follows:
         Sec. 51.801.  DEFINITIONS. In this subchapter, "general
  academic teaching institution," "governing board," "institution of
  higher education," "medical and dental unit," and "university
  system" have the meanings assigned by Section 61.003.
         SECTION 2.  Subchapter U, Chapter 51, Education Code, is
  amended by adding Section 51.806 to read as follows:
         Sec. 51.806.  ADMISSION PREFERENCE FOR LEGAL RESIDENTS. (a)
  In this section, "undocumented immigrant" means a person who:
               (1)  is not a citizen or other national of the United
  States; and
               (2)  is not lawfully authorized to be present in the
  United States under the Immigration and Nationality Act (8 U.S.C.
  Section 1101 et seq.) or other federal law.
         (b)  An institution of higher education may not consider for
  admission an applicant who is an undocumented immigrant until each
  qualified applicant who is a citizen or other national of the United
  States or who is otherwise lawfully present in the United States has
  first been offered admission.
         (c)  Each institution of higher education shall determine
  the citizenship status of each applicant at the time of the
  applicant's application for admission.
         (d)  To make the determination required by Subsection (c),
  the institution of higher education shall require each applicant to
  provide:
               (1)  if the applicant was born a citizen or other
  national of the United States, an original or certified copy of the
  applicant's birth certificate; or
               (2)  if the applicant was not born a citizen or other
  national of the United States:
                     (A)  a notarized copy of official documentation of
  the applicant's citizenship or immigration status; and
                     (B)  an affidavit by which the applicant attests
  that the documentation presented states the true identity and
  status of the applicant.
         SECTION 3.  This Act applies beginning with admissions to
  institutions of higher education for the 2012-2013 academic year.
  Admissions to an institution of higher education before that
  academic year are governed by the law in effect before the effective
  date of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 4.  The Texas Higher Education Coordinating Board
  shall adopt rules relating to the admission of students under
  Section 51.806, Education Code, as added by this Act, as soon as
  practicable after the effective date of this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.