Bill Text: TX HB281 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the determination of resident status of students by public institutions of higher education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-07-25 - Referred to Higher Education [HB281 Detail]

Download: Texas-2017-HB281-Introduced.html
  85S10669 MM-D
 
  By: Fallon H.B. No. 281
 
 
 
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 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[; 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].
         (b)  For purposes of this section, the domicile of a
  dependent's parent is presumed to be the domicile of the dependent
  [unless the person establishes eligibility for resident status
  under Subsection (a)(3)].
         (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)  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[; 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.  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 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 on the 91st day after the last day of the
  legislative session.
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