By Noriega H.B. No. 1403
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 or
1-4 to pay tuition at the rate provided to residents of this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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; and
2-1 (2) resided in this state for at least one year
2-2 between the first day the person attended a public or private high
2-3 school in this state and the date the person graduated from a
2-4 public or private high school in this state or received the
2-5 equivalent of a high school diploma.
2-6 SECTION 3. Section 54.057(a), Education Code, is amended to
2-7 read as follows:
2-8 (a) An alien who is living in this country under an
2-9 unexpired [a] visa permitting the person to reside in this country
2-10 or who has applied to or has a petition pending with the
2-11 Immigration and Naturalization Service to attain lawful status
2-12 under federal immigration law [permanent residence or who has filed
2-13 with the proper federal immigration authorities a declaration of
2-14 intention to become a citizen] has the same privilege of qualifying
2-15 for resident status for tuition and fee purposes under this
2-16 subchapter [Act] as has a citizen of the United States. A resident
2-17 alien residing in a junior college district located immediately
2-18 adjacent to Texas boundary lines shall be charged the resident
2-19 tuition by that junior college.
2-20 SECTION 4. Sections 54.060(b), (d), and (g), Education Code,
2-21 are amended to read as follows:
2-22 (b) A [The] foreign student, without regard to the
2-23 individual's immigration status, is entitled to pay tuition at the
2-24 rate [fee] prescribed by [in] this chapter for a Texas resident if
2-25 the individual [does not apply to a foreign student who] is a
2-26 citizen [resident] of a nation situated adjacent to Texas[,] who
3-1 registers in any general academic teaching institution, public
3-2 junior college [as defined in Section 61.003(3) of this code], or
3-3 component of the Texas State Technical College System in a county
3-4 located wholly or partly within 100 miles of [immediately adjacent
3-5 to] the nation in which the foreign student resides or in a county
3-6 having a population of 100,000 or more [or who registers for lower
3-7 division courses at a community or junior college having a
3-8 partnership agreement pursuant to Subchapter N, Chapter 51, of this
3-9 code, with an upper-level university and both institutions are
3-10 located in the county immediately adjacent to the nation in which
3-11 the foreign student resides, or who registers in Texas A&M
3-12 University--Kingsville or Texas A&M University--Corpus Christi,
3-13 and, except as provided by this subsection, who demonstrates a
3-14 financial need after the financial resources of the foreign student
3-15 and the student's family are considered. The foreign student
3-16 described in this subsection shall pay tuition equal to that
3-17 charged Texas residents under Sections 54.051 and 54.0512 of this
3-18 code]. The coordinating board shall adopt rules governing [the
3-19 determination of financial need of students under this subsection
3-20 and rules governing] a pilot project to be established at general
3-21 academic teaching institutions and at components of the Texas State
3-22 Technical College System in counties that are not otherwise covered
3-23 by this subsection [immediately adjacent to the nation in which the
3-24 foreign student resides].
3-25 (d) The coordinating board shall adopt rules to determine
3-26 the number of students who may participate in the program
4-1 [programs] provided by Subsection [Subsections (b) and] (c) of this
4-2 section [and the students who may transfer from any general
4-3 academic teaching institution or component of the Texas State
4-4 Technical College System in a county immediately adjacent to the
4-5 nation in which the foreign student resides to attend another
4-6 general academic teaching institution or component of the Texas
4-7 State Technical College System to complete a degree, certificate,
4-8 or diploma or attend graduate school].
4-9 (g) In this section, "general academic teaching
4-10 institution," "public junior college," and "public technical
4-11 institute" have [has] the meanings [meaning] assigned by Section
4-12 61.003 of this code.
4-13 SECTION 5. Sections 1 through 4 of this Act apply only to
4-14 tuition for a term or semester that begins on or after the
4-15 effective date of this Act.
4-16 SECTION 6. This Act takes effect immediately if it receives a
4-17 vote of two-thirds of all the members elected to each house, as
4-18 provided by Section 39, Article III, Texas Constitution. If this
4-19 Act does not receive the vote necessary for immediate effect, this
4-20 Act takes effect September 1, 2001.