Hall Public Benefits Bill Also Hits Students Here Lawfully

The text as introduced · 1,296 words

89R10481 SCF-D

By: Hall
S.B. No. 1205

A BILL TO BE ENTITLED

AN ACT

relating to the provision of certain public benefits and services

to persons not lawfully present in the United States.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.001(a), Education Code, is amended to

read as follows:

(a) Except as provided by Section 25.009, a [ A ] person who,

on the first day of September of any school year, is at least five

years of age and under 21 years of age, or is at least 21 years of

age and under 26 years of age and is admitted by a school district to

complete the requirements for a high school diploma is entitled to

the benefits of the available school fund for that year. Any other

person enrolled in a prekindergarten class under Section 29.153 is

entitled to the benefits of the available school fund.

SECTION 2. Subchapter A, Chapter 25, Education Code, is

amended by adding Section 25.009 to read as follows:

Sec. 25.009. SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN

STUDENTS. (a) This section applies only to a student who is not a

citizen or lawful permanent resident of the United States.

(b) Notwithstanding any other law, a school district:

(1) may not use public money, including tax and bond

revenue, to pay or subsidize the education of a student to which

this section applies; and

(2) shall:

(A) charge a student to which this section

applies tuition in an amount equal to the district's average cost of

providing educational services to students of the same grade level;

and

(B) document the student's immigration status in

the district's records and report that information to the agency.

(c) A school district that violates this section is not

entitled to funding under Chapter 46 or 48.

SECTION 3. 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 4. 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 5. Subtitle Z, Title 10, Government Code, is

amended by adding Chapter 3001 to read as follows:

CHAPTER 3001. PROVISION OF PUBLIC BENEFITS TO PERSONS NOT LAWFULLY

PRESENT IN THE UNITED STATES PROHIBITED

Sec. 3001.0001. DEFINITIONS. In this chapter:

(1) "Governmental entity" means an agency of this

state or of a political subdivision of this state.

(2) "Public benefits program" means a program

administered by a governmental entity that provides benefits to

individuals or families based on a demonstrated financial or other

need. The term includes programs providing housing or utility

assistance.

Sec. 3001.0002. PROVISION OF PUBLIC BENEFITS AND SERVICES

TO PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. (a)

Notwithstanding any other state statute and to the extent permitted

by federal law, a governmental entity may not provide benefits or

services under a public benefits program to a person who is not

lawfully present in the United States.

(b) This section does not prohibit the provision of Medicaid

benefits that are necessary to treat an emergency medical condition

in accordance with Section 1903(v)(2), Social Security Act (42

U.S.C. Section 1396b(v)(2)).

SECTION 6. 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 7. If before implementing any provision of this Act

a state agency determines that a waiver or authorization from a

federal agency is necessary for implementation of that provision,

the agency affected by the provision shall request the waiver or

authorization and may delay implementing that provision until the

waiver or authorization is granted.

SECTION 8. 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.