HBA-LJP H.B. 3027 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3027
By: Dunnam
Higher Education
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Under the current rules of the Texas Higher Education Coordinating Board,
the residence of a minor or dependent is based on the residence of the
parent who has custody of the student at the time of enrollment, has
claimed the dependent for federal income tax purposes both at the time of
enrollment and for the tax year preceding enrollment, or with whom the
dependent has resided for the 12 months prior to enrollment. However, there
is no current statewide law providing for the residency of a dependent or
minor who lives with a guardian outside of Texas when another guardian of
the dependent or minor lives in Texas.  House Bill 3027 entitles certain
individuals who move to another state with a guardian to pay tuition at the
rate provided for Texas residents if the individual's other guardian lives
in this state. 

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 3027 amends the Education Code to provide that an individual who
is 18 years of age or younger or is a dependent and who, along with the
parents of the individual, was formerly a resident of this state, is
entitled to pay tuition at the rate provided for Texas residents if: 

_the individual and the parent who is the individual's managing or joint
managing conservator with whom the individual primarily resides change
their legal residence from this state to another; and 

_the other parent who is the individual's managing or 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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.