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  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.