By: Campbell, et al. S.B. No. 1819

(In the Senate - Filed March 13, 2015; March 25, 2015, read first time and referred to Subcommittee on Border Security; April 6, 2015, reported adversely, with favorable Committee Substitute to Committee on Veteran Affairs and Military Installations; April 13, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 3; April 13, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1819 By: Campbell

A BILL TO BE ENTITLED

AN ACT

relating to the determination of resident status of students by public institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.052, Education Code, is amended by adding Subsection (c) to read as follows:

(c) Notwithstanding any other provision of this section, a person who is not authorized under federal statute to be present in the United States may not be considered a resident of this state for purposes of this title.

SECTION 2. Section 54.053, Education Code, is amended to read as follows:

Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT STATUS. (a) A person shall submit the following information to an institution of higher education to establish resident status under this subchapter:

(1) if the person applies for resident status under Section 54.052(a)(1):

(A) a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and

(B) a statement by the person that the person's presence in this state for that period was for a purpose of establishing and maintaining a domicile;

(2) if the person applies for resident status under Section 54.052(a)(2):

(A) a statement of the dates and length of time any parent of the person has resided in this state, as relevant to establish resident status under this subchapter; and

(B) a statement by the parent or, if the parent is unable or unwilling to provide the statement, a statement by the person that the parent's presence in this state for that period was for a purpose of establishing and maintaining a domicile; or

(3) if the person applies for resident status under Section 54.052(a)(3):

(A) a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and

(B) if the person is not a citizen or permanent resident of the United States, an affidavit stating that the person will apply to become a permanent resident of the United States as soon as the person becomes eligible to apply.

(b) In addition to the information required by Subsection (a), an institution of higher education may establish a policy requiring a person for whom a residency determination is being made to submit specific documentation to verify to the satisfaction of the institution that the person is authorized under federal statute to be present in the United States. A policy adopted under this subsection must provide for treating each person in a consistent manner concerning:

(1) whether documentation is required; and

(2) to the extent practicable, the type of documentation required.

SECTION 3. Section 54.055, Education Code, is amended by adding Subsection (c) to read as follows:

(c) Notwithstanding Subsection (a), an institution of higher education may not, on the basis of Section 54.052(c), reclassify as a nonresident of this state a student classified as a resident under Section 54.052(a)(3) if, not later than the beginning of the 2015-2016 academic year, the student has completed at least 30 semester credit hours at an institution of higher education.

SECTION 4. Except as provided by Section 54.055(c), Education Code, as added by this Act, a public institution of higher education in this state may, for any semester or academic term, before the beginning of that semester or academic term, reclassify as a nonresident a student previously classified as a resident of this state by the institution or another public institution of higher education in this state before the enactment of Section 54.052(c), Education Code, as added by this Act, if the student is not authorized by law to be present in the United States.

SECTION 5. This Act takes effect September 1, 2015.

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