88S30335 JRJ-D     By: Leo-Wilson H.B. No. 164       A BILL TO BE ENTITLED   AN ACT   relating to the enrollment, including resident status and tuition   rates, of certain persons, including persons not authorized to be   present in the United States, in 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.  Section 54.055(a), Education Code, is amended to   read as follows:          (a)  On the basis of additional or changed information, an   institution of higher education shall [may] reclassify as a   resident or nonresident of this state under this subchapter a   person who has previously been erroneously classified as a resident   or nonresident under this subchapter.          SECTION 4.  Section 54.056, Education Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  If an institution of higher education erroneously   classifies a person as a resident of this state and the person is   not entitled or permitted to pay resident tuition under this   subchapter, the institution of higher education shall charge   nonresident tuition to the person beginning with the first academic   term that begins after the date the institution discovers the   error. Not earlier than the first day of that term, regardless of   whether the person is still enrolled at the institution, the   institution shall [may] request the person to pay the difference   between resident and nonresident tuition for an earlier term as   permitted by Section 54.057. For nonpayment of the amount owed, the   institution may impose sanctions only as provided by that section.   The institution may not require payment as a condition for any   subsequent enrollment by the person in the institution.          (c)  If in determining the classification of a person as a   resident of this state, an institution of higher education learns   that a student enrolled at the institution is a person who is not   authorized under federal statute to be present in the United   States, the institution shall immediately notify the institution's   campus police department or appropriate local law enforcement   agency regarding that information.          SECTION 5.  Sections 54.057(a) and (b), Education Code, are   amended to read as follows:          (a)  The following persons are liable to the institution of   higher education the person attends for the difference between   resident and nonresident tuition for each academic term in which   the person pays resident tuition to the institution as the result of   an erroneous classification or other misclassification under this   subchapter:                (1)  a person who, in a timely manner after the   information becomes available or on request by the institution of   higher education, fails to provide to the institution information   that the person reasonably should know would be relevant to an   accurate classification by the institution under this subchapter;   [or]                (2)  a person who provides false information to the   institution that the person reasonably should know could lead to an   erroneous classification by the institution under this subchapter;   or                (3)  a person who is not authorized under federal   statute to be present in the United States.          (b)  A [The] person who is liable under this section for the   difference between resident and nonresident tuition shall pay the   applicable amount to the institution not later than the 30th day   after the date the person is notified of the person's liability for   the amount owed.  After receiving the notice and until the amount is   paid in full, the person is not entitled to receive from the   institution a certificate or diploma, if not yet awarded on the date   of the notice, or official transcript that is based at least   partially on or includes credit for courses taken while the person   was erroneously classified as a resident of this state.          SECTION 6.  Section 54.0601, Education Code, is amended to   read as follows:          Sec. 54.0601.  NONRESIDENT TUITION RATES AT CERTAIN   INSTITUTIONS.  (a) On the written request of the governing board of   a general academic teaching institution located not more than 100   miles from the boundary of this state with another state, the Texas   Higher Education Coordinating Board may set a nonresident tuition   rate that is lower than the nonresident tuition rate otherwise   provided by this chapter if the coordinating board determines that   the lower rate is in the best interest of the institution and will   not cause unreasonable harm to any other institution of higher   education.          (b)  A person who is not authorized under federal statute to   be present in the United States is not eligible for the nonresident   tuition rate authorized by Subsection (a).          SECTION 7.  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 8.  This Act applies beginning with tuition charged   by a public institution of higher education for the 2024 fall   semester.  Tuition charged by a public institution of higher   education for an academic period before that semester is governed   by the law in effect immediately before the effective date of this   Act, and that law is continued in effect for that purpose.          SECTION 9.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect on the 91st day after the last day of the   legislative session.