S.B. No. 1798 introduces new regulations for public institutions of higher education in Texas concerning the resident status, tuition rates, financial support, and documentation requirements for students, particularly 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 not authorized to be in the U.S. Institutions are required to submit compliance reports to the legislature and the Texas Higher Education Coordinating Board, with the state auditor conducting periodic audits to ensure adherence. Institutions found in violation must correct these issues within 180 days or risk losing state funding. Additionally, Section 51.9244 mandates that institutions verify the citizenship or immigration status of applicants aged 18 and older who have accepted admission offers, detailing specific documentation requirements.

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 under federal law to be present in the U.S. cannot be considered residents. Furthermore, the bill outlines new provisions for reclassifying students based on updated residency information and specifies liabilities for those erroneously classified as residents. Nonresident tuition must be charged if a student is misclassified, and individuals not authorized to be in the U.S. are ineligible for certain nonresident tuition rates. These changes will take effect starting with the 2025 fall semester, with specific provisions applying to the 2026-2027 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)