Bill Text: TX SB2059 | 2017-2018 | 85th Legislature | 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 - Dead) 2017-03-28 - Referred to State Affairs [SB2059 Detail]
Download: Texas-2017-SB2059-Introduced.html
85R2961 MM-F | ||
By: Campbell | S.B. No. 2059 |
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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 by | ||
adding Subsection (c) to read as follows: | ||
(c) Notwithstanding any other provision of this section, 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; | ||
(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. Section 54.055, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (a), an institution of | ||
higher education may not, on the basis of Section 54.052(c), | ||
reclassify as a nonresident of this state a student classified as a | ||
resident under Section 54.052(a)(3) if, not later than the | ||
beginning of the 2018-2019 academic year, the student has completed | ||
at least 30 semester credit hours at an institution of higher | ||
education. | ||
SECTION 4. Except as provided by Section 54.055(c), | ||
Education Code, as added by this Act, 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 before the enactment of Section | ||
54.052(c), Education Code, as added by this Act, if the student is | ||
not authorized by law to be present in the United States. | ||
SECTION 5. This Act takes effect September 1, 2017. |