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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting admission by public institutions of higher |
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education of applicants who are not lawfully authorized to be |
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present in the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter U, Chapter 51, Education Code, is |
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amended by adding Section 51.806 to read as follows: |
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Sec. 51.806. ADMISSION OF PERSON NOT LAWFULLY PRESENT IN |
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UNITED STATES PROHIBITED. (a) Notwithstanding any other law, an |
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institution of higher education may not admit an applicant for |
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admission to the institution, including an applicant who is |
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applying for readmission to the institution, unless the applicant |
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submits to the institution the documentation required by Texas |
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Higher Education Coordinating Board rule verifying that the |
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applicant is authorized by law to be present in the United States. |
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(b) Subsection (a) applies to an applicant for admission |
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regardless of whether the applicant previously attended the |
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institution without submitting the documentation required for |
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purposes of this section. |
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(c) The coordinating board shall adopt rules prescribing |
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the documentation required for purposes of this section. |
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SECTION 2. 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 51.806, Education Code, as |
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added 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 admission is lawfully authorized to be present in the |
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United States. |
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SECTION 3. The change in law made by this Act applies |
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beginning with admission to public institutions of higher education |
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for the 2010 fall semester. Admission for a semester or session |
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before the 2010 fall semester is governed by the applicable law in |
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effect before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2009. |