By Noriega, Garcia, Hill, Reyna of Dallas, H.B. No. 1403
Flores, et al.
Substitute the following for H.B. No. 1403:
By Rangel C.S.H.B. No. 1403
A BILL TO BE ENTITLED
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.051(m), Education Code, is amended to
1-6 read as follows:
1-7 (m) Unless the student establishes residency as provided by
1-8 Section 54.052(j) or 54.057, tuition [Tuition] for a student
1-9 [students] who is a citizen [are citizens] of any country other
1-10 than the United States of America is the same as the tuition
1-11 required of other nonresident students.
1-12 SECTION 2. Section 54.052, Education Code, is amended by
1-13 adding Subsection (j) to read as follows:
1-14 (j) Notwithstanding any other provision of this subchapter,
1-15 an individual shall be classified as a Texas resident until the
1-16 individual establishes a residence outside this state if the
1-17 individual resided with the individual's parent, guardian, or
1-18 conservator while attending a public or private high school in this
1-19 state and:
1-20 (1) graduated from a public or private high school or
1-21 received the equivalent of a high school diploma in this state;
1-22 (2) resided in this state for at least one year
1-23 between the first day the person attended a public or private high
1-24 school in this state and the date the person graduated from a
2-1 public or private high school in this state or received the
2-2 equivalent of a high school diploma; and
2-3 (3) registers as an entering student in an institution
2-4 of higher education not earlier than the 2001 fall semester.
2-5 SECTION 3. Section 54.057(a), Education Code, is amended to
2-6 read as follows:
2-7 (a) An alien who is living in this country under a visa
2-8 permitting permanent residence or who has applied to or has a
2-9 petition pending with the Immigration and Naturalization Service to
2-10 attain lawful status under federal immigration law [filed with the
2-11 proper federal immigration authorities a declaration of intention
2-12 to become a citizen] has the same privilege of qualifying for
2-13 resident status for tuition and fee purposes under this subchapter
2-14 [Act] as has a citizen of the United States. A resident alien
2-15 residing in a junior college district located immediately adjacent
2-16 to Texas boundary lines shall be charged the resident tuition by
2-17 that junior college.
2-18 SECTION 4. Section 54.060, Education Code, is amended by
2-19 amending Subsection (g) and adding Subsection (h) to read as
2-20 follows:
2-21 (g) The foreign student tuition fee prescribed by this
2-22 chapter does not apply to a foreign student who:
2-23 (1) is a citizen of a nation situated adjacent to
2-24 Texas;
2-25 (2) registers in any general academic teaching
2-26 institution or public junior college; and
2-27 (3) meets the qualifications provided by Section
3-1 54.052(j) for Texas residency.
3-2 (h) In this section, "general academic teaching
3-3 institution," "public junior college," and "public technical
3-4 institute" have [has] the meanings [meaning] assigned by Section
3-5 61.003 of this code.
3-6 SECTION 5. Sections 1 through 4 of this Act apply only to
3-7 tuition for a term or semester that begins on or after the
3-8 effective date of this Act.
3-9 SECTION 6. This Act takes effect immediately if it receives a
3-10 vote of two-thirds of all the members elected to each house, as
3-11 provided by Section 39, Article III, Texas Constitution. If this
3-12 Act does not receive the vote necessary for immediate effect, this
3-13 Act takes effect September 1, 2001.