Office of House Bill AnalysisH.B. 1403
By: Noriega
Higher Education


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


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. 


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. 


June 16, 2001.