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Highlights of the 79th Texas Legislature - Senate

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EDUCATION/HIGHER<br />

Tuition and Residency—S.B. 1528<br />

By Senator Zaffirini—House Sponsor: Representative Morrison<br />

State residents qualify for low in-state tuition rates at public colleges and universities. The process for determining<br />

residency confuses admissions personnel and provides inconsistent determinations, even for siblings with <strong>the</strong> same<br />

residency. This bill:<br />

Authorizes <strong>the</strong> commissioner <strong>of</strong> higher education (commissioner), in consultation with institutions <strong>of</strong> higher education<br />

(IHEs), to adopt rules for determining residency for tuition and fees application, exemptions, and waivers to provide<br />

consistency among IHEs and students.<br />

Defines multiple terms including residence, domicile, and dependent; provides a list <strong>of</strong> conditions which identify a<br />

person as a resident <strong>of</strong> <strong>the</strong> state, and permits an IHE to reclassify a student for tuition when additional information<br />

becomes available before <strong>the</strong> date on which IHEs must report final enrollment for <strong>the</strong> purpose <strong>of</strong> state funding.<br />

Lists <strong>the</strong> documents a person must provide to determine residency and provides that resident status will continue for<br />

a student who maintains enrollment at any public IHE unless <strong>the</strong> student does not enroll for two consecutive regular<br />

semesters after which documentation will be required.<br />

Permits an IHE to charge nonresident tuition and fees for <strong>the</strong> first term beginning after reclassification and to request<br />

<strong>the</strong> person pay <strong>the</strong> difference in tuition for an earlier term, and provides sanctions for non-payment.<br />

Requires an IHE that erroneously classified a resident as a nonresident for tuition and fees to immediately lower<br />

tuition and fees and to refund any overpayments.<br />

Requires students who ei<strong>the</strong>r do not provide new information in a timely manner or who provide false information to<br />

pay <strong>the</strong> difference in resident and nonresident tuition and fees within 30 days <strong>of</strong> notice, and permits an IHE to<br />

withhold a certificate, degree, or <strong>of</strong>ficial transcript.<br />

Prohibits an IHE that misclassifies a person as a resident from collecting <strong>the</strong> difference in tuition and fees.<br />

Provides that a nonresident may qualify for resident tuition and fees when <strong>the</strong> person or a dependent moved to <strong>the</strong><br />

state for specific economic development identified under state law or is a nonresident classified in accordance with<br />

<strong>the</strong> Agreement between <strong>the</strong> Parties to <strong>the</strong> North Atlantic Treaty Regarding <strong>the</strong> Status <strong>of</strong> Their Forces (4 U.S.T.<br />

1792).<br />

Permits a junior college district to charge higher fees for a course or program that has extraordinary costs without<br />

regard for exemptions included in this section.<br />

Prohibits IHEs from considering whe<strong>the</strong>r an applicant is eligible for exemptions in this section when evaluating an<br />

application for admissions.<br />

72 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE

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