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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of resident status of students by |
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public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.052, Education Code, is amended to |
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read as follows: |
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Sec. 54.052. DETERMINATION OF RESIDENT STATUS. |
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(a) Subject to the other applicable provisions of this subchapter |
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governing the determination of resident status, the following |
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persons are considered residents of this state for purposes of this |
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title: |
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(1) except as provided by Subsections (c) and (d), a |
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person who: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the person is enrolled in an institution of higher education; |
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and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; |
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(2) except as provided by Subsections (c) and (d), a |
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dependent whose parent: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the dependent is enrolled in an institution of higher |
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education; and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; and |
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(3) a person who: |
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(A) graduated from a public or private high |
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school in this state or received the equivalent of a high school |
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diploma in this state; and |
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(B) maintained a residence continuously in this |
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state for: |
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(i) the three years preceding the date of |
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graduation or receipt of the diploma equivalent, as applicable; and |
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(ii) the year preceding the census date of |
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the academic term in which the person is enrolled in an institution |
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of higher education. |
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(b) For purposes of this section, except as provided by |
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Subsections (c) and (d), the domicile of a dependent's parent is |
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presumed to be the domicile of the dependent unless the person |
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establishes eligibility for resident status under Subsection |
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(a)(3). |
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(c) A person who, when not a resident of this state, moves to |
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this state and establishes a residence in this state primarily to |
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enroll at an institution of higher education is presumed not to have |
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established a domicile in this state, regardless of whether the |
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person is a dependent of a parent with domicile in this state when |
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the person moves to this state. |
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(d) A person described by Subsection (c) may rebut the |
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presumption under Subsection (c) by establishing that the person, |
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or a parent of the person with domicile in this state and of whom the |
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person is a dependent: |
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(1) purchased real property in this state not later |
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than one year before the census date of the academic term for which |
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the person claims status as a resident of this state; |
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(2) for a period of at least one year before the census |
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date of the academic term for which the person claims status as a |
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resident of this state: |
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(A) was gainfully employed in this state, other |
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than by a public or private institution of higher education in this |
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state in a position requiring enrollment at that institution or at |
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another public or private institution of higher education in this |
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state; |
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(B) had an ownership interest in a business or |
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other commercial enterprise in this state; |
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(C) held a state or local license to conduct a |
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business or practice a profession in this state; or |
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(D) received services as a homeless person from a |
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social service agency that provides services to such persons in |
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this state; or |
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(3) engaged in any other conduct or activity the |
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coordinating board determines by rule indicates a bona fide |
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domicile in this state. |
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SECTION 2. Section 54.053, Education Code, is amended to |
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read as follows: |
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Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT |
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STATUS. A person shall submit the following information to an |
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institution of higher education to establish resident status under |
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this subchapter: |
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(1) if the person applies for resident status under |
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Section 54.052(a)(1): |
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(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; [and] |
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(B) a statement by the person that the person's |
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presence in this state for that period was for a purpose of |
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establishing and maintaining a domicile in this state; and |
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(C) if appropriate, evidence sufficient under |
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Section 54.052(d) to rebut the presumption under Section 54.052(c) |
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that the person has not established a domicile in this state; |
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(2) if the person applies for resident status under |
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Section 54.052(a)(2): |
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(A) a statement of the dates and length of time |
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any parent of the person has resided in this state, as relevant to |
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establish resident status under this subchapter; [and] |
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(B) a statement by the parent or, if the parent is |
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unable or unwilling to provide the statement, a statement by the |
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person that the parent's presence in this state for that period was |
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for a purpose of establishing and maintaining a domicile in this |
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state; and |
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(C) if appropriate, evidence sufficient under |
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Section 54.052(d) to rebut the presumption under Section 54.052(c) |
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that the person has not established a domicile in this state; or |
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(3) if the person applies for resident status under |
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Section 54.052(a)(3): |
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(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; and |
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(B) if the person is not a citizen or permanent |
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resident of the United States, an affidavit stating that the person |
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will apply to become a permanent resident of the United States as |
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soon as the person becomes eligible to apply. |
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SECTION 3. Notwithstanding Subchapter B, Chapter 54, |
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Education Code, a public institution of higher education in this |
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state may, for any semester or academic term, before the beginning |
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of that semester or academic term, reclassify as a nonresident a |
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student classified as a resident of this state by the institution or |
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another public institution of higher education in this state under |
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Section 54.052(a), Education Code, as that section existed before |
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amendment by this Act, if the student is not otherwise eligible to |
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be classified as a resident of this state under Subchapter B, |
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Chapter 54, Education Code. |
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SECTION 4. This Act takes effect September 1, 2009. |