Bill Text: TX HB360 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to in-state tuition for non-legal residents of Texas and the United States.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-03-03 - Referred to State Affairs [HB360 Detail]
Download: Texas-2015-HB360-Introduced.html
By: Keough | H.B. No. 360 |
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Relating to in-state tuition for non-legal residents of Texas and | ||
the United States. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This act may be cited as the Texas Fair Tuition | ||
Act. | ||
SECTION 2. Section 54.052, Education Code, is amended by | ||
adding subsection (4) and to read as follows: | ||
Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) Subject | ||
to the other applicable provisions of this subchapter governing the | ||
determination of resident status, the following persons are | ||
considered residents of this state for purposes of this title: | ||
(1) a person who: | ||
(A) established a domicile in this state not | ||
later than one year before the census date of the academic term in | ||
which the person is enrolled in an institution of higher education; | ||
and | ||
(B) maintained that domicile continuously for | ||
the year preceding that census date; | ||
(2) a dependent whose parent: | ||
(A) established a domicile in this state not | ||
later than one year before the census date of the academic term in | ||
which the dependent is enrolled in an institution of higher | ||
education; and | ||
(B) maintained that domicile continuously for | ||
the year preceding that census date; and | ||
(3) a person who: | ||
(A) graduated from a public or private high | ||
school in this state or received the equivalent of a high school | ||
diploma in this state; and | ||
(B) maintained a residence continuously in this | ||
state for: | ||
(i) the three years preceding the date of | ||
graduation or receipt of the diploma equivalent, as applicable; and | ||
(ii) the year preceding the census date of | ||
the academic term in which the person is enrolled in an institution | ||
of higher education. | ||
(4) a person who is claiming resident status for the | ||
purpose of obtaining in-state tuition rates at a institution of | ||
higher learning under subsections (1), (1a), (1 | ||
b), (2), (2a), | ||
(2b), (3), (3a), (3b), (i), and (ii) must also show proof of | ||
citizenship or lawful residency, as verifiable by the Systematic | ||
Alien Verification for Entitlements (SAVE) program. | ||
(A) Residents, who are unable to provide | ||
verifiable proof of citizenship or lawful residency are prohibited | ||
from obtaining in-state tuition rates for any semesters until | ||
which time proof or verifiable status can be obtained. | ||
(B) Residents, who are denied in-state tuition | ||
rates, but later have proof showing at the time of admission their | ||
claim for in-state tuition would have been granted are entitled to | ||
a tuition reimbursement up to the difference of tuition paid versus | ||
the current approved in-state tuition rate for the semester in | ||
question. | ||
(b) For purposes of this section, the domicile of a | ||
dependent's parent is presumed to be the domicile of the dependent | ||
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SECTION 3. Section 54.053, Education Code, is amended to | ||
read as follows: | ||
Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT | ||
STATUS. 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), and subject to verification under Section | ||
54.052 (a)(4): | ||
(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), and subject to verification under Section | ||
54.052 (a)(4). | ||
(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), and subject to verification under Section | ||
52.052 (a)(4): | ||
(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 | ||
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SECTION 4. 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, 2015 |