89R10481 SCF-D     By: Hall S.B. No. 1205       A BILL TO BE ENTITLED   AN ACT   relating to the provision of certain public benefits and services   to persons not lawfully present in the United States.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.001(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Section 25.009, a [A] person who,   on the first day of September of any school year, is at least five   years of age and under 21 years of age, or is at least 21 years of   age and under 26 years of age and is admitted by a school district to   complete the requirements for a high school diploma is entitled to   the benefits of the available school fund for that year. Any other   person enrolled in a prekindergarten class under Section 29.153 is   entitled to the benefits of the available school fund.          SECTION 2.  Subchapter A, Chapter 25, Education Code, is   amended by adding Section 25.009 to read as follows:          Sec. 25.009.  SCHOOL DISTRICT REQUIREMENTS FOR CERTAIN   STUDENTS. (a) This section applies only to a student who is not a   citizen or lawful permanent resident of the United States.          (b)  Notwithstanding any other law, a school district:                (1)  may not use public money, including tax and bond   revenue, to pay or subsidize the education of a student to which   this section applies; and                (2)  shall:                      (A)  charge a student to which this section   applies tuition in an amount equal to the district's average cost of   providing educational services to students of the same grade level;   and                      (B)  document the student's immigration status in   the district's records and report that information to the agency.          (c)  A school district that violates this section is not   entitled to funding under Chapter 46 or 48.          SECTION 3.  Section 54.052, Education Code, is amended to   read as follows:          Sec. 54.052.  DETERMINATION OF RESIDENT STATUS. (a)   Subject to the other applicable provisions of this subchapter   governing the determination of resident status, the following   persons are considered residents of this state for purposes of this   title:                (1)  a person who:                      (A)  established a domicile in this state not   later than one year before the census date of the academic term in   which the person is enrolled in an institution of higher education;   and                      (B)  maintained that domicile continuously for   the year preceding that census date; and                (2)  a dependent whose parent:                      (A)  established a domicile in this state not   later than one year before the census date of the academic term in   which the dependent is enrolled in an institution of higher   education; and                      (B)  maintained that domicile continuously for   the year preceding that census date[; and                [(3)  a person who:                      [(A)  graduated from a public or private high   school in this state or received the equivalent of a high school   diploma in this state; and                      [(B)  maintained a residence continuously in this   state for:                            [(i)  the three years preceding the date of   graduation or receipt of the diploma equivalent, as applicable; and                            [(ii)  the year preceding the census date of   the academic term in which the person is enrolled in an institution   of higher education].          (b)  For purposes of this section, the domicile of a   dependent's parent is presumed to be the domicile of the dependent   [unless the person establishes eligibility for resident status   under Subsection (a)(3)].          (c)  A person who is not authorized under federal statute to   be present in the United States may not be considered a resident of   this state for purposes of this title.          SECTION 4.  Section 54.053, Education Code, is amended to   read as follows:          Sec. 54.053.  INFORMATION REQUIRED TO ESTABLISH RESIDENT   STATUS. A person shall submit the following information to an   institution of higher education to establish resident status under   this subchapter:                (1)  if the person applies for resident status under   Section 54.052(a)(1):                      (A)  a statement of the dates and length of time   the person has resided in this state, as relevant to establish   resident status under this subchapter; and                      (B)  a statement by the person that the person's   presence in this state for that period was for a purpose of   establishing and maintaining a domicile; or                (2)  if the person applies for resident status under   Section 54.052(a)(2):                      (A)  a statement of the dates and length of time   any parent of the person has resided in this state, as relevant to   establish resident status under this subchapter; and                      (B)  a statement by the parent or, if the parent is   unable or unwilling to provide the statement, a statement by the   person that the parent's presence in this state for that period was   for a purpose of establishing and maintaining a domicile[; or                [(3)  if the person applies for resident status under   Section 54.052(a)(3):                      [(A)  a statement of the dates and length of time   the person has resided in this state, as relevant to establish   resident status under this subchapter; and                      [(B)  if the person is not a citizen or permanent   resident of the United States, an affidavit stating that the person   will apply to become a permanent resident of the United States as   soon as the person becomes eligible to apply].          SECTION 5.  Subtitle Z, Title 10, Government Code, is   amended by adding Chapter 3001 to read as follows:   CHAPTER 3001. PROVISION OF PUBLIC BENEFITS TO PERSONS NOT LAWFULLY   PRESENT IN THE UNITED STATES PROHIBITED          Sec. 3001.0001.  DEFINITIONS. In this chapter:                (1)  "Governmental entity" means an agency of this   state or of a political subdivision of this state.                (2)  "Public benefits program" means a program   administered by a governmental entity that provides benefits to   individuals or families based on a demonstrated financial or other   need. The term includes programs providing housing or utility   assistance.          Sec. 3001.0002.  PROVISION OF PUBLIC BENEFITS AND SERVICES   TO PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. (a)   Notwithstanding any other state statute and to the extent permitted   by federal law, a governmental entity may not provide benefits or   services under a public benefits program to a person who is not   lawfully present in the United States.          (b)  This section does not prohibit the provision of Medicaid   benefits that are necessary to treat an emergency medical condition   in accordance with Section 1903(v)(2), Social Security Act (42   U.S.C. Section 1396b(v)(2)).          SECTION 6.  Notwithstanding Subchapter B, Chapter 54,   Education Code, a public institution of higher education in this   state may, for any semester or academic term, before the beginning   of that semester or academic term, reclassify as a nonresident a   student previously classified as a resident of this state by the   institution or another public institution of higher education in   this state:                (1)  under Section 54.052(a)(3), Education Code, as   that section existed before amendment by this Act, if the student is   not otherwise eligible to be classified as a resident of this state   under Subchapter B, Chapter 54, Education Code; or                (2)  before the enactment of Section 54.052(c),   Education Code, as added by this Act, if the student is not   authorized under federal statute to be present in the United   States.          SECTION 7.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 8.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.