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HB 232 – 2025 – Relating to the determination of resident status of students by public institutions of higher education.

Summary of the Bill:

This bill, titled “An Act relating to the determination of resident status of students by public institutions of higher education,” amends the Texas Education Code to modify the criteria for determining residency for tuition purposes at public higher education institutions in Texas. The bill specifically targets the eligibility of individuals not authorized to be present in the United States, restricting their access to in-state tuition rates and resident status. Here are the key provisions:

Key Provisions:

1. Residency Eligibility Changes (Section 54.052):
– Removes the provision (previously Section 54.052(a)(3)) that allowed individuals to qualify for resident status if they:
– Graduated from a Texas high school or received an equivalent diploma in Texas.
– Maintained continuous residence in Texas for three years before graduation and the year preceding enrollment.
– Explicitly states that individuals **not authorized under federal statute to be present in the United States** cannot be considered residents of Texas for tuition purposes.
– Maintains residency eligibility for:
– Individuals who establish and maintain a domicile in Texas for at least one year before enrollment.
– Dependents whose parents meet the domicile requirements.

2. Documentation Requirements (Section 54.053):
– Requires individuals applying for resident status to submit:
– A statement of the dates and length of time they (or their parent, if a dependent) have resided in Texas.
– A statement affirming that their presence in Texas was for the purpose of establishing and maintaining a domicile.
– Removes the previous requirement for undocumented individuals to submit an affidavit stating their intent to apply for permanent residency.

3. Retroactive Reclassification (Section 3):
– Allows public institutions of higher education to reclassify as nonresidents students who were previously classified as residents under the now-removed high school provision or if they are not authorized to be present in the United States.

4. Effective Date (Section 4):
– The bill takes effect on **September 1, 2025**.

Impact of the Bill:
– Restricts Access to In-State Tuition: Undocumented immigrants and individuals not authorized to be present in the United States will no longer qualify for resident status or in-state tuition rates, even if they meet other criteria like Texas high school graduation.
– Retroactive Reclassification: Institutions may reclassify previously approved students as nonresidents, potentially affecting their tuition rates and financial obligations.
– Focus on Legal Status: The bill aligns residency eligibility with federal immigration authorization, emphasizing legal presence in the United States as a requirement for in-state tuition benefits.

This bill represents a significant shift in Texas higher education policy, limiting access to affordable tuition for undocumented students and reinforcing stricter residency requirements.