S.B. No. 1798 establishes 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 mandates that governing boards ensure no financial support, including scholarships and grants, is awarded to individuals unauthorized to be in the U.S. Institutions are required to verify the citizenship or immigration status of applicants aged 18 and older who have accepted admission offers, specifying the necessary documentation for both U.S. citizens and non-citizens. Additionally, applicants must sign a statement affirming their citizenship status under penalty of perjury. The bill removes previous provisions related to residency determination for certain high school graduates and clarifies the criteria for establishing residency for tuition purposes.

The bill amends various sections of the Education Code, notably presuming a dependent's parent’s domicile as the dependent's domicile, while explicitly stating that individuals not authorized under federal law cannot be considered Texas residents. It also eliminates the provision allowing non-citizens to submit a statement regarding their intent to apply for permanent residency. New provisions are introduced for the reclassification of students based on updated residency information, and institutions are held liable for unpaid nonresident tuition in cases of erroneous classification. The changes will take effect starting with the 2025 fall semester, with some provisions applicable 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)