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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of resident status of students by |
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public institutions of 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 to |
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read as follows: |
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Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) |
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Subject to the other applicable provisions of this subchapter |
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governing the determination of resident status, the following |
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persons are considered residents of this state for purposes of this |
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title: |
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(1) a person who: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the person is enrolled in an institution of higher education; |
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and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; and |
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(2) a dependent whose parent: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the dependent is enrolled in an institution of higher |
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education; and |
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(B) maintained that domicile continuously for |
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the year preceding that census date[; and
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[(3)a person who:
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[(A) graduated from a public or private high
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school in this state or received the equivalent of a high school
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diploma in this state; and
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[(B) maintained a residence continuously in this
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state for:
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[(i) the three years preceding the date of
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graduation or receipt of the diploma equivalent, as applicable; and
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[(ii) the year preceding the census date of
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the academic term in which the person is enrolled in an institution
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of higher education]. |
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(b) For purposes of this section, the domicile of a |
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dependent's parent is presumed to be the domicile of the dependent |
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[unless the person establishes eligibility for resident status
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under Subsection (a)(3)]. |
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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; or |
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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. The rules |
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must, to the extent practicable, treat each person in a consistent |
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manner concerning the type of documentation required. |
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SECTION 3. Notwithstanding Subchapter B, Chapter 54, |
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Education Code, a public institution of higher education in this |
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state may, for any semester or academic term, before the beginning |
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of that semester or academic term, reclassify as a nonresident a |
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student classified as a resident of this state by the institution or |
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another public institution of higher education in this state: |
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(1) under Section 54.052(a)(3), Education Code, as |
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that section existed before amendment by this Act, if the student is |
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not otherwise eligible to be classified as a resident of this state |
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under Subchapter B, Chapter 54, Education Code; or |
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(2) before the enactment of Section 54.052(c), |
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Education Code, as added by this Act, if the student is not lawfully |
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authorized to be present in the United States. |
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SECTION 4. 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(b), Education Code, |
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as added by this Act. 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 5. 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 6. 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. |