Olcott Bill Ends The High School Route To In-State Tuition

The text as introduced · 751 words

By: Olcott
H.B. No. 1324

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.