Bill Text: TX HB2011 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the admission of persons who are not legal residents of the United States to public institutions of higher education.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-07 - Referred to State Affairs [HB2011 Detail]
Download: Texas-2011-HB2011-Introduced.html
| 82R7643 KYF-D | ||
| By: Sheets | H.B. No. 2011 | |
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| 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. | ||
