Bill Text: TX HB4736 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the enrollment, including admission and resident status, of certain persons by public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [HB4736 Detail]
Download: Texas-2023-HB4736-Introduced.html
88R9408 MM-D | ||
By: Tinderholt | H.B. No. 4736 |
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relating to the enrollment, including admission and resident | ||
status, of certain persons by public institutions of higher | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.002(a), Education Code, is amended to | ||
read as follows: | ||
(a) An educational institution undertaking to provide | ||
education, services, or activities to any individual within the | ||
jurisdiction or geographical boundaries of the educational | ||
institution shall provide equal opportunities to all individuals | ||
within its jurisdiction or geographical boundaries pursuant to this | ||
code except as provided by Section 51.8051. | ||
SECTION 2. Subchapter U, Chapter 51, Education Code, is | ||
amended by adding Section 51.8051 to read as follows: | ||
Sec. 51.8051. PROHIBITED ADMISSIONS. Notwithstanding any | ||
other law, an institution of higher education, as defined by | ||
Section 61.003, may not admit an applicant for admission to the | ||
institution as a student if the applicant is: | ||
(1) a citizen of China, Iran, North Korea, or Russia; | ||
or | ||
(2) not authorized under federal statute to be present | ||
in the United States. | ||
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[ |
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(b) For purposes of this section, the domicile of a | ||
dependent's parent is presumed to be the domicile of the dependent | ||
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(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[ |
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SECTION 5. 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 6. This Act takes effect September 1, 2023. |