HB 160 – 2025 – Relating to the enrollment, including resident status and tuition rates, of certain persons, including persons not authorized to be present in the United States, in public institutions of higher education.

This bill, introduced by Representative Leo Wilson, amends the Texas Education Code to modify the criteria for determining resident status and tuition rates for students enrolling in public institutions of higher education 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. Reclassification of Residency (Section 54.055):
– Mandates that institutions of higher education **must** reclassify students as residents or nonresidents if additional or changed information reveals an error in their initial classification.

4. Enforcement and Penalties (Section 54.056):
– Requires institutions to charge nonresident tuition to individuals erroneously classified as residents, starting from the term after the error is discovered.
– Mandates institutions to notify campus police or local law enforcement if they discover that a student is not authorized to be present in the United States.
– Prohibits institutions from requiring payment of back tuition as a condition for future enrollment.

5. Liability for Erroneous Classification (Section 54.057):
– Holds individuals liable for the difference between resident and nonresident tuition if they:
– Fail to provide relevant information.
– Provide false information.
– Are not authorized to be present in the United States.
– Requires payment within 30 days of notification and withholds diplomas or transcripts until the amount is paid.

6. Nonresident Tuition Rates (Section 54.0601):
– Allows certain institutions near state borders to set lower nonresident tuition rates.
– Excludes individuals not authorized to be present in the United States from eligibility for these rates.

7. Retroactive Reclassification (Section 7):
– Permits institutions to reclassify students as nonresidents if they 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.

8. Effective Date:
– Applies to tuition charged beginning with the **2025 fall semester**.
– Takes effect immediately if passed by a two-thirds majority in both houses; otherwise, it takes effect on **September 1, 2025**.

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**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.
– Increases Scrutiny of Residency Status:** Institutions are required to actively verify and reclassify residency status, with penalties for errors or misrepresentations.
– Enforcement Measures:** Institutions must report unauthorized individuals to law enforcement, creating potential barriers to education for undocumented students.

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