Creighton’s In-State Tuition Ban Runs On The Word ‘May’

The text as introduced · 674 words

89R5461 MM-F

By: Creighton
S.B. No. 2678

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 2025-2026 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 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.