89R876 MM-D     By: Cain H.B. No. 979       A BILL TO BE ENTITLED   AN ACT   relating to the determination of resident status of students by   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   the person has resided in this state, as relevant to establish   resident status under this subchapter; and                      [(B)  if the person is not a citizen or permanent   resident of the United States, an affidavit stating that the person   will apply to become a permanent resident of the United States as   soon as the person becomes eligible to apply].          SECTION 3.  Notwithstanding Subchapter B, Chapter 54,   Education Code, a public institution of higher education in this   state may, for any semester or academic term, before the beginning   of that semester or academic term, reclassify as a nonresident a   student previously classified as a resident of this state by the   institution or another public institution of higher education in   this state:                (1)  under Section 54.052(a)(3), Education Code, as   that section existed before amendment by this Act, if the student is   not otherwise eligible to be classified as a resident of this state   under Subchapter B, Chapter 54, Education Code; or                (2)  before the enactment of Section 54.052(c),   Education Code, as added by this Act, if the student is not   authorized under federal statute to be present in the United   States.          SECTION 4.  This Act takes effect September 1, 2025.