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A BILL TO BE ENTITLED
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AN ACT
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Relating to in-state tuition for non-legal residents of Texas and |
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the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This act may be cited as the Texas Fair Tuition |
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Act. |
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SECTION 2. Section 54.052, Education Code, is amended by |
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adding subsection (4) and to read as follows: |
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Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) Subject |
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to the other applicable provisions of this subchapter governing the |
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determination of resident status, the following persons are |
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considered residents of this state for purposes of this title: |
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(1) a person who: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the person is enrolled in an institution of higher education; |
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and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; |
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(2) a dependent whose parent: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the dependent is enrolled in an institution of higher |
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education; and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; and |
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(3) a person who: |
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(A) graduated from a public or private high |
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school in this state or received the equivalent of a high school |
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diploma in this state; and |
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(B) maintained a residence continuously in this |
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state for: |
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(i) the three years preceding the date of |
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graduation or receipt of the diploma equivalent, as applicable; and |
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(ii) the year preceding the census date of |
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the academic term in which the person is enrolled in an institution |
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of higher education. |
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(4) a person who is claiming resident status for the |
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purpose of obtaining in-state tuition rates at a institution of |
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higher learning under subsections (1), (1a), (1 |
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b), (2), (2a), |
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(2b), (3), (3a), (3b), (i), and (ii) must also show proof of |
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citizenship or lawful residency, as verifiable by the Systematic |
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Alien Verification for Entitlements (SAVE) program. |
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(A) Residents, who are unable to provide |
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verifiable proof of citizenship or lawful residency are prohibited |
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from obtaining in-state tuition rates for any semesters until |
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which time proof or verifiable status can be obtained. |
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(B) Residents, who are denied in-state tuition |
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rates, but later have proof showing at the time of admission their |
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claim for in-state tuition would have been granted are entitled to |
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a tuition reimbursement up to the difference of tuition paid versus |
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the current approved in-state tuition rate for the semester in |
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question. |
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(b) For purposes of this section, the domicile of a |
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dependent's parent is presumed to be the domicile of the dependent |
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[unless the person establishes eligibility for resident status
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under Subsection (a)(3).] |
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SECTION 3. Section 54.053, Education Code, is amended to |
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read as follows: |
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Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT |
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STATUS. A person shall submit the following information to an |
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institution of higher education to establish resident status under |
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this subchapter: |
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(1) if the person applies for resident status under |
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Section 54.052(a)(1), and subject to verification under Section |
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54.052 (a)(4): |
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(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; and |
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(B) a statement by the person that the person's |
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presence in this state for that period was for a purpose of |
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establishing and maintaining a domicile; |
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(2) if the person applies for resident status under |
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Section 54.052(a)(2), and subject to verification under Section |
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54.052 (a)(4). |
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(A) a statement of the dates and length of time |
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any parent of the person has resided in this state, as relevant to |
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establish resident status under this subchapter; and |
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(B) a statement by the parent or, if the parent is |
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unable or unwilling to provide the statement, a statement by the |
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person that the parent's presence in this state for that period was |
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for a purpose of establishing and maintaining a domicile; or |
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(3) if the person applies for resident status under |
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Section 54.052(a)(3), and subject to verification under Section |
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52.052 (a)(4): |
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(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; and |
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[(B)
if the person is not a citizen or permanent
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resident of the United States, an affidavit stating that the person
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will apply to become a permanent resident of the United States as
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soon as the person becomes eligible to apply.] |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015 |