S.B. No. 1798 introduces new regulations concerning the resident status, tuition rates, financial support, and documentation requirements for students at public higher education institutions in Texas, particularly targeting those not lawfully present in the United States. The bill establishes Section 51.3526, which prohibits the awarding of financial support, such as scholarships and grants, to individuals unauthorized to be in the U.S. Institutions are required to submit compliance reports and are subject to audits by the state auditor. If violations occur, institutions must correct them within 180 days to avoid losing state funding. Additionally, Section 51.9244 mandates that institutions verify the citizenship or immigration status of applicants aged 18 and older, detailing the necessary documentation for both U.S. citizens and non-citizens.

The bill also amends Section 54.052 to simplify the criteria for determining resident status by eliminating previous requirements related to high school graduation in Texas. It clarifies that a dependent's parent’s domicile is presumed to be the domicile of the dependent, while individuals not authorized to be present in the U.S. cannot be classified as residents. Furthermore, the bill introduces provisions for reclassifying students based on updated residency information and specifies liability for unpaid nonresident tuition. Individuals who do not provide necessary information or are unauthorized to be in the U.S. will be liable for the difference between resident and nonresident tuition rates. The changes are set to take effect for the 2025-2026 academic year.

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)
Senate Committee Report: 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)