85R2961 MM-F     By: Campbell S.B. No. 2059       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 by   adding Subsection (c) to read as follows:          (c)  Notwithstanding any other provision of this section, 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)  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;                (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.          (b)  In addition to the information required by Subsection   (a), an institution of higher education may establish a policy   requiring a person for whom a residency determination is being made   to submit specific documentation to verify to the satisfaction of   the institution that the person is authorized under federal statute   to be present in the United States.  A policy adopted under this   subsection must provide for treating each person in a consistent   manner concerning:                (1)  whether documentation is required; and                (2)  to the extent practicable, the type of   documentation required.          SECTION 3.  Section 54.055, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  Notwithstanding Subsection (a), an institution of   higher education may not, on the basis of Section 54.052(c),   reclassify as a nonresident of this state a student classified as a   resident under Section 54.052(a)(3) if, not later than the   beginning of the 2018-2019 academic year, the student has completed   at least 30 semester credit hours at an institution of higher   education.          SECTION 4.  Except as provided by Section 54.055(c),   Education Code, as added by this Act, 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 before the enactment of Section   54.052(c), Education Code, as added by this Act, if the student is   not authorized by law to be present in the United States.          SECTION 5.  This Act takes effect September 1, 2017.