1-1                                   AN ACT
 1-2     relating to the eligibility of certain persons to qualify as
 1-3     residents of this state for purposes of higher education tuition or
 1-4     to pay tuition at the rate provided to residents of this state.
 1-6           SECTION 1. Section 54.051(m), Education Code, is amended to
 1-7     read as follows:
 1-8           (m)  Unless the student establishes residency as provided by
 1-9     Section 54.052(j) or 54.057, tuition [Tuition] for a student
1-10     [students] who is a citizen [are citizens] of any country other
1-11     than the United States of America is the same as the tuition
1-12     required of other nonresident students.
1-13           SECTION 2. Section 54.052, Education Code, is amended by
1-14     adding Subsection (j) to read as follows:
1-15           (j)  Notwithstanding any other provision of this subchapter,
1-16     an individual shall be classified as a Texas resident until the
1-17     individual establishes a residence outside this state if the
1-18     individual resided with the individual's parent, guardian, or
1-19     conservator while attending a public or private high school in this
1-20     state and:
1-21                 (1)  graduated from a public or private high school or
1-22     received the equivalent of a high school diploma in this state;
1-23                 (2)  resided in this state for at least three years as
1-24     of the date the person graduated from high school or received the
 2-1     equivalent of a high school diploma;
 2-2                 (3)  registers as an entering student in an institution
 2-3     of higher education not earlier than the 2001 fall semester; and
 2-4                 (4)  provides to the institution an affidavit stating
 2-5     that the individual will file an application to become a permanent
 2-6     resident at the earliest opportunity the individual is eligible to
 2-7     do so.
 2-8           SECTION 3.  Subchapter B, Chapter 54, Education Code, is
 2-9     amended by adding Section 54.0551 to read as follows:
2-11     STATE. An individual who is 18 years of age or under or is a
2-12     dependent and who, along with the individual's parents, was
2-13     formerly a resident of this state is entitled to pay tuition at the
2-14     rate provided for Texas residents if:
2-15                 (1)  the individual and the parent who is the
2-16     individual's managing conservator or who is the individual's joint
2-17     managing conservator with whom the individual primarily resides
2-18     change their legal residence from this state to another state; and
2-19                 (2)  the other parent who is the individual's
2-20     possessory conservator or who is the individual's joint managing
2-21     conservator with whom the individual does not primarily reside
2-22     continues to reside in this state and is not delinquent on the
2-23     payment of any child support.
2-24           SECTION 4. Section 54.057(a), Education Code, is amended to
2-25     read as follows:
2-26           (a)  An alien who is living in this country under a visa
2-27     permitting permanent residence or who has applied to or has a
 3-1     petition pending with the Immigration and Naturalization Service to
 3-2     attain lawful status under federal immigration law [filed with the
 3-3     proper federal immigration authorities a declaration of intention
 3-4     to become a citizen] has the same privilege of qualifying for
 3-5     resident status for tuition and fee purposes under this subchapter
 3-6     [Act] as has a citizen of the United States.  A resident alien
 3-7     residing in a junior college district located immediately adjacent
 3-8     to Texas boundary lines shall be charged the resident tuition by
 3-9     that junior college.
3-10           SECTION 5. Section 54.060(b), Education Code, is amended to
3-11     read as follows:
3-12           (b)  The foreign student tuition fee prescribed in this
3-13     chapter does not apply to a foreign student who is a resident of a
3-14     nation situated adjacent to Texas, who registers in any general
3-15     academic teaching institution, as defined in Section 61.003(3) [of
3-16     this code], or component of the Texas State Technical College
3-17     System in a county immediately adjacent to the nation in which the
3-18     foreign student resides or who registers for lower division courses
3-19     at a community or junior college having a partnership agreement
3-20     pursuant to Subchapter N, Chapter 51, [of this code,] with an
3-21     upper-level university and both institutions are located in the
3-22     county immediately adjacent to the nation in which the foreign
3-23     student resides, or who registers in Texas A&M
3-24     University--Kingsville, [or] Texas A&M University--Corpus Christi,
3-25     or The University of Texas at San Antonio and, except as provided
3-26     by this subsection, who demonstrates a financial need after the
3-27     financial resources of the foreign student and the student's family
 4-1     are considered.  The foreign student described in this subsection
 4-2     shall pay tuition equal to that charged Texas residents under
 4-3     Sections 54.051 and 54.0512 [of this code].  The coordinating board
 4-4     shall adopt rules governing the determination of financial need of
 4-5     students under this subsection and rules governing a pilot project
 4-6     to be established at general academic teaching institutions and at
 4-7     components of the Texas State Technical College System in counties
 4-8     that are not immediately adjacent to the nation in which the
 4-9     foreign student resides.
4-10           SECTION 6. Sections 1 through 5 of this Act apply only to
4-11     tuition for a term or semester that begins on or after the
4-12     effective date of this Act.
4-13           SECTION 7.  This Act takes effect immediately if it receives
4-14     a vote of two-thirds of all the members elected to each house, as
4-15     provided by Section 39, Article III, Texas Constitution.  If this
4-16     Act does not receive the vote necessary for immediate effect, this
4-17     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1403 was passed by the House on April
         23, 2001, by the following vote:  Yeas 142, Nays 1, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 1403 on May 24, 2001, by the following vote:  Yeas 130, Nays 2,
         2 present, not voting.
                                                 Chief Clerk of the House
               I certify that H.B. No. 1403 was passed by the Senate, with
         amendments, on May 21, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                                 Secretary of the Senate
         APPROVED:  __________________________