88S30335 JRJ-D
 
  By: Leo-Wilson H.B. No. 164
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the enrollment, including resident status and tuition
rates, of certain persons, including persons not authorized to be
present in the United States, in 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 to
read as follows:
       Sec. 54.052.  DETERMINATION OF RESIDENT STATUS.  (a)  
Subject to the other applicable provisions of this subchapter
governing the determination of resident status, the following
persons are considered residents of this state for purposes of this
title:
             (1)  a person who:
                   (A)  established a domicile in this state not
later than one year before the census date of the academic term in
which the person is enrolled in an institution of higher education;
and
                   (B)  maintained that domicile continuously for
the year preceding that census date; and
             (2)  a dependent whose parent:
                   (A)  established a domicile in this state not
later than one year before the census date of the academic term in
which the dependent is enrolled in an institution of higher
education; and
                   (B)  maintained that domicile continuously for
the year preceding that census date[; and
             [(3)  a person who:
                   [(A)  graduated from a public or private high
school in this state or received the equivalent of a high school
diploma in this state; and
                   [(B)  maintained a residence continuously in this
state for:
                         [(i)  the three years preceding the date of
graduation or receipt of the diploma equivalent, as applicable; and
                         [(ii)  the year preceding the census date of
the academic term in which the person is enrolled in an institution
of higher education].
       (b)  For purposes of this section, the domicile of a
dependent's parent is presumed to be the domicile of the dependent
[unless the person establishes eligibility for resident status
under Subsection (a)(3)].
       (c)  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 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; or
             (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

Statutes affected:
Introduced: Education Code 54.052, Education Code 54.053, Education Code 54.055, Education Code 54.056, Education Code 54.057, Education Code 54.0601 (Education Code 54)