The bill, S.B. No. 1205, aims to restrict the provision of public benefits and services to individuals who are not lawfully present in the United States. It amends the Education Code to specify that school districts cannot use public funds to subsidize the education of students who are not citizens or lawful permanent residents. Instead, these students must be charged tuition equivalent to the district's average cost of education. Additionally, school districts are required to document the immigration status of these students and report it to the relevant agency. Violations of this provision would result in the school district losing access to certain state funding.

Furthermore, the bill introduces a new chapter in the Government Code that prohibits governmental entities from providing public benefits to individuals not lawfully present in the U.S., with the exception of emergency Medicaid benefits. It also clarifies that individuals who are not authorized to be in the U.S. cannot be considered residents for the purposes of higher education. The bill allows public institutions of higher education to reclassify students from resident to nonresident status if they do not meet the new residency requirements. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

Statutes affected:
Introduced: Education Code 25.001, Subchapter A, Chapter , Education Code 29.153, Education Code 54.052, Education Code 54.053 (Education Code 54, Subchapter A, Chapter , Education Code 29, Education Code 25)