Tuition Bill Makes Colleges Report Students To Campus Police

The text as introduced · 1,567 words

89R407 MM-F

By: Leo Wilson
H.B. No. 160

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 2025 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 September 1, 2025.