Bill Text: TX HB1387 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a requirement of lawful presence in the United States for receipt of state educational benefits and to the determination of resident status of students by public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to State Affairs [HB1387 Detail]
Download: Texas-2011-HB1387-Introduced.html
82R6945 KJM-D | ||
By: Cain | H.B. No. 1387 |
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relating to a requirement of lawful presence in the United States | ||
for receipt of state educational benefits and 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. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.954 to read as follows: | ||
Sec. 51.954. STATE EDUCATIONAL BENEFITS: LAWFUL PRESENCE IN | ||
UNITED STATES REQUIRED. (a) Notwithstanding any other provision | ||
of this title, a person who is not authorized by law to be present in | ||
the United States is not considered to be a resident of this state | ||
for purposes of: | ||
(1) receiving from this state an educational benefit, | ||
including a scholarship or other financial aid, for use in | ||
attending a public or private institution of higher education; or | ||
(2) determining the amount of tuition or fees charged | ||
to the person by a public institution of higher education. | ||
(b) The Texas Higher Education Coordinating Board shall | ||
adopt rules as necessary to administer this section. | ||
SECTION 2. Section 54.052, Education Code, is amended 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; and | ||
(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[ |
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(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): | ||
(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; or | ||
(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[ |
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SECTION 4. The Texas Higher Education Coordinating Board | ||
shall adopt any rules necessary under Section 51.954, Education | ||
Code, as added by this Act, relating to requiring authorization by | ||
law to be present in the United States as a condition for receiving | ||
state educational benefits and paying tuition and fees at resident | ||
rates as soon as practicable after this Act takes effect. For that | ||
purpose, the coordinating board may adopt the initial rules in the | ||
manner provided by law for emergency rules. | ||
SECTION 5. Section 51.954, Education Code, as added by this | ||
Act, applies beginning with state educational benefits and tuition | ||
and fee rates for the 2011 fall semester. | ||
SECTION 6. Notwithstanding Subchapter B, Chapter 54, | ||
Education Code, 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 classified as a resident of this state by the institution or | ||
another public institution of higher education in this state under | ||
Section 54.052(a)(3), Education Code, as that section existed | ||
before amendment by this Act, if the student is not otherwise | ||
eligible to be classified as a resident of this state under | ||
Subchapter B, Chapter 54, Education Code. | ||
SECTION 7. 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. |