By: Leo-Wilson	H.B. No. 1117

	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, 2023.