85R2961 MM-F
	By: Campbell	S.B. No. 2059

	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 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.