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;
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:
2-10 Sec. 54.0551. CHANGE OF RESIDENCE; ONE PARENT REMAINING IN
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: __________________________
Date
__________________________
Governor