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A BILL TO BE ENTITLED
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AN ACT
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relating to information required to establish resident status in |
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connection with tuition and fees charged by public institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.052, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A person who is not lawfully authorized to be present in |
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the United States may not be considered a resident of this state for |
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purposes of this title. |
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SECTION 2. 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) 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): |
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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): |
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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): |
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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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(b) In addition to submitting the information required |
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under Subsection (a), to establish resident status under this |
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subchapter, a person shall submit the documentation required by |
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Texas Higher Education Coordinating Board rule to verify that the |
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person is lawfully authorized to be present in the United States. |
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The coordinating board shall adopt rules prescribing the |
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documentation required for purposes of this subsection. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Higher Education Coordinating Board shall |
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adopt rules in accordance with Section 54.053, Education Code, as |
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amended by this Act, prescribing the documentation required for a |
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public institution of higher education to verify that a person |
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applying for resident status is lawfully authorized to be present |
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in the United States. The coordinating board may adopt the initial |
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rules in the manner provided by law for emergency rules. |
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SECTION 4. The changes in law made by this Act apply |
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beginning with resident status at public institutions of higher |
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education for the 2007 fall semester. Resident status for a |
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semester or session before the 2007 fall semester is governed by the |
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applicable law in effect before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 5. 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, 2007. |