Bill Text: TX HB164 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the enrollment, including resident status and tuition rates, of certain persons, including persons not authorized to be present in the United States, in public institutions of higher education.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-10-16 - Filed [HB164 Detail]
Download: Texas-2023-HB164-Introduced.html
88S30335 JRJ-D | ||
By: Leo-Wilson | H.B. No. 164 |
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relating to the enrollment, including resident status and tuition | ||
rates, of certain persons, including persons not authorized to be | ||
present in the United States, in 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 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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(c) 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 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 3. Section 54.055(a), Education Code, is amended to | ||
read as follows: | ||
(a) On the basis of additional or changed information, an | ||
institution of higher education shall [ |
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resident or nonresident of this state under this subchapter a | ||
person who has previously been erroneously classified as a resident | ||
or nonresident under this subchapter. | ||
SECTION 4. Section 54.056, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) If an institution of higher education erroneously | ||
classifies a person as a resident of this state and the person is | ||
not entitled or permitted to pay resident tuition under this | ||
subchapter, the institution of higher education shall charge | ||
nonresident tuition to the person beginning with the first academic | ||
term that begins after the date the institution discovers the | ||
error. Not earlier than the first day of that term, regardless of | ||
whether the person is still enrolled at the institution, the | ||
institution shall [ |
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between resident and nonresident tuition for an earlier term as | ||
permitted by Section 54.057. For nonpayment of the amount owed, the | ||
institution may impose sanctions only as provided by that section. | ||
The institution may not require payment as a condition for any | ||
subsequent enrollment by the person in the institution. | ||
(c) If in determining the classification of a person as a | ||
resident of this state, an institution of higher education learns | ||
that a student enrolled at the institution is a person who is not | ||
authorized under federal statute to be present in the United | ||
States, the institution shall immediately notify the institution's | ||
campus police department or appropriate local law enforcement | ||
agency regarding that information. | ||
SECTION 5. Sections 54.057(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) The following persons are liable to the institution of | ||
higher education the person attends for the difference between | ||
resident and nonresident tuition for each academic term in which | ||
the person pays resident tuition to the institution as the result of | ||
an erroneous classification or other misclassification under this | ||
subchapter: | ||
(1) a person who, in a timely manner after the | ||
information becomes available or on request by the institution of | ||
higher education, fails to provide to the institution information | ||
that the person reasonably should know would be relevant to an | ||
accurate classification by the institution under this subchapter; | ||
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(2) a person who provides false information to the | ||
institution that the person reasonably should know could lead to an | ||
erroneous classification by the institution under this subchapter; | ||
or | ||
(3) a person who is not authorized under federal | ||
statute to be present in the United States. | ||
(b) A [ |
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difference between resident and nonresident tuition shall pay the | ||
applicable amount to the institution not later than the 30th day | ||
after the date the person is notified of the person's liability for | ||
the amount owed. After receiving the notice and until the amount is | ||
paid in full, the person is not entitled to receive from the | ||
institution a certificate or diploma, if not yet awarded on the date | ||
of the notice, or official transcript that is based at least | ||
partially on or includes credit for courses taken while the person | ||
was erroneously classified as a resident of this state. | ||
SECTION 6. Section 54.0601, Education Code, is amended to | ||
read as follows: | ||
Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN | ||
INSTITUTIONS. (a) On the written request of the governing board of | ||
a general academic teaching institution located not more than 100 | ||
miles from the boundary of this state with another state, the Texas | ||
Higher Education Coordinating Board may set a nonresident tuition | ||
rate that is lower than the nonresident tuition rate otherwise | ||
provided by this chapter if the coordinating board determines that | ||
the lower rate is in the best interest of the institution and will | ||
not cause unreasonable harm to any other institution of higher | ||
education. | ||
(b) A person who is not authorized under federal statute to | ||
be present in the United States is not eligible for the nonresident | ||
tuition rate authorized by Subsection (a). | ||
SECTION 7. 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 previously classified as a resident of this state by the | ||
institution or another public institution of higher education in | ||
this state: | ||
(1) 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; or | ||
(2) before the enactment of Section 54.052(c), | ||
Education Code, as added by this Act, if the student is not | ||
authorized under federal statute to be present in the United | ||
States. | ||
SECTION 8. This Act applies beginning with tuition charged | ||
by a public institution of higher education for the 2024 fall | ||
semester. Tuition charged by a public institution of higher | ||
education for an academic period before that semester is governed | ||
by the law in effect immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 9. 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 on the 91st day after the last day of the | ||
legislative session. |