Thread: Texas In-State Tuition Legislation 2005

Selected Excerpts

S.B. No. 1528

AN ACT

relating to the payment of tuition and fees at public institutions
of higher education and the determination of Texas residency for
that purpose.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 54, Education Code, is
amended by adding Section 54.0015 to read as follows:

Sec. 54.0015. ADOPTION OF CERTAIN DEFINITIONS BY RULE. In
consultation with representatives of institutions of higher
education, the Texas Higher Education Coordinating Board by rule
shall adopt definitions related to the resident status of students
for purposes of this title and to tuition and fee exemptions and
waivers for students under this chapter as necessary to ensure
consistency in the application of this chapter and other related
state laws and policies.

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;
(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)

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;
(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

Complete Text:

http://www.legis.state.tx.us/tlodocs/79 ... 01528F.htm

There is a lawyer in TX. who is challenging this on behalf of IRCOT, (Immigration Reform Coalition of TX.). He is having success in court so far. Bolstering of the suit will require potential plaintiffs that pay taxes in TX. on oil and gas revenues. If you know anyone interested let me know.

RELATED

Perry Reaffirms Support for 2001 Texas DREAM Act

http://www.alipac.us/ftopict-245049.html

Originally Posted by Mayflowerchick

There is a lawyer in TX. who is challenging this on behalf of IRCOT, (Immigration Reform Coalition of TX.). He is having success in court so far. Bolstering of the suit will require potential plaintiffs that pay taxes in TX. on oil and gas revenues. If you know anyone interested let me know.

Yes, I am interested for several reasons.

Dixie