HBA-AMW, JLV H.B. 1403 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1403 By: Noriega Higher Education 7/19/2001 Enrolled BACKGROUND AND PURPOSE Although federal courts have ruled that a child's origin or immigration status should not prevent access to primary and secondary schools, federal immigration status may prevent some children born outside of the United States from obtaining a college education at a public institution because of higher tuition rates charged to nonresidents. Because of federal immigration status, many children born outside of the United States who graduate from Texas high schools were required under previous state law to pay tuition at a Texas public college or university at the higher rate charged to out of state or international students. House Bill 1403 removes federal immigration status as a factor for determining eligibility to pay in state tuition at Texas public colleges and universities for a student who graduates from a Texas high school or has attended school and received a GED, and who meets the minimum residency, academic, and registration criteria. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. ANALYSIS House Bill 1403 amends the Education Code to require that an individual be classified as a Texas resident until the individual establishes a residence outside this state if the individual resided with the individual's parent, guardian, or conservator while attending a public or private high school in this state, graduated from a public or private high school or received the equivalent of a high school diploma in this state, resided in this state for at least three years as of the date the person graduated from high school or received the equivalent of a high school diploma, registers as an entering student in an institution of higher education not earlier than the 2001 fall semester, and provides to the institution an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so. The bill entitles an individual who is 18 years of age or under or is a dependent and who, along with the individual's parents, was formerly a resident of this state to pay tuition at the rate provided for Texas residents if: _the individual and the parent who is the individual's managing conservator or who is the individual's joint managing conservator with whom the individual primarily resides change their legal residence from this state to another state; and _the other parent who is the individual's possessory conservator or who is the individual's joint managing conservator with whom the individual does not primarily reside continues to reside in this state and is not delinquent on the payment of any child support. The bill provides that an alien living in this country under a visa permitting permanent residence or who has applied to or has a petition pending with the Immigration and Naturalization Service to attain lawful status under federal immigration law has the same privilege of qualifying for resident status for tuition. The bill entitles a foreign student who is a resident of Mexico and who registers at The University of Texas at San Antonio and demonstrates financial need to pay tuition at a rate prescribed for a Texas resident and provides that the foreign student tuition fee does not apply to that student. EFFECTIVE DATE June 16, 2001.