SB1798 - Relating to the resident status, tuition rates, certain financial support, and certain documentation requirements for students enrolled at public institutions of higher education, including students not lawfully present in the United States.

      By: Middleton, et al.  S.B. No. 1798          (In the Senate - Filed March 3, 2025; March 13, 2025, read   first time and referred to Committee on Education K-16;   May 14, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 9, Nays 2; May 14, 2025,   sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1798 By:  Bettencourt     A BILL TO BE ENTITLED   AN ACT     relating to the resident status, tuition rates, certain financial   support, and certain documentation requirements for students   enrolled at public institutions of higher education, including   students not lawfully present in the United States.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 51, Education Code, is   amended by adding Section 51.3526 to read as follows:           Sec.   51.3526.     RESPONSIBILITY OF GOVERNING BOARDS REGARDING   CERTAIN FINANCIAL SUPPORT PROVIDED TO PERSONS NOT LAWFULLY PRESENT.   (a) The governing board of an institution of higher education shall   ensure that each unit of the institution does not award or provide   to a person who is not authorized under federal statute to be   present in the United States any financial support using money   appropriated or otherwise provided by the state to the institution   or unit, including a scholarship, grant, or other financial aid.           (b)     An institution of higher education may not spend money   appropriated to the institution for a state fiscal year until the   governing board of the institution submits to the legislature and   the Texas Higher Education Coordinating Board a report certifying   the board's compliance with this section during the preceding state   fiscal year.           (c)     In the interim between each regular session of the   legislature, the governing board of each institution of higher   education, or the board's designee, shall testify before the   standing legislative committees with primary jurisdiction over   higher education at a public hearing of the committee regarding the   board's compliance with this section.           (d)     The state auditor shall periodically conduct a   compliance audit of each institution of higher education to   determine whether the institution has spent state money in   violation of this section.   The state auditor shall adopt a schedule   by which the state auditor will conduct compliance audits under   this subsection.   The schedule must ensure that each institution of   higher education is audited at least once during each four-year   period.           (e)     If the state auditor determines pursuant to a compliance   audit conducted under Subsection (d) that an institution of higher   education has spent state money in violation of this section, the   institution:                 (1)     must cure the violation not later than the 180th   day after the date on which the determination is made; and                 (2)     if the institution fails to cure the violation   during the period described by Subdivision (1), is ineligible to   receive formula funding increases, institutional enhancements, or   exceptional items during the state fiscal biennium immediately   following the state fiscal biennium in which the determination is   made.          SECTION 2.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9244 to read as follows:           Sec.   51.9244.     VERIFICATION OF CITIZENSHIP OR IMMIGRATION   STATUS INFORMATION AS PART OF ADMISSION PROCEDURE. (a) In this   section, "institution of higher education" has the meaning assigned   by Section 61.003.           (b)     To the extent allowed by state or federal law, each   institution of higher education shall verify the citizenship or   immigration status of each applicant who:                 (1)  is 18 years of age or older;                 (2)     has accepted an offer of admission and confirmed   the applicant's intent to enroll at the institution; and                 (3)  has:                       (A)     indicated that the applicant is a resident of   this state for purposes of Subchapter B, Chapter 54;                       (B)     applied to receive a scholarship, grant,   loan, tuition or fee waiver, or other financial assistance that is   paid wholly or partly with state money; or                       (C)     submitted a completed Free Application for   Federal Student Aid (FAFSA) as proof of the applicant's citizenship   or immigration status.           (c)     If the applicant for whom a determination is being made   under Subsection (b) indicates that:                 (1)     the applicant is a citizen of the United States,   the applicant must submit to the institution of higher education   one of the following documents or its replacement:                       (A)  a birth certificate issued by:                             (i)  an agency of the United States; or                             (ii)     a state or territory of the United   States, or the District of Columbia;                       (B)  a Certificate of United States Citizenship;                       (C)     a Consular Report of Birth Abroad of a   Citizen of the United States or Certificate of Report of Birth   issued by the United States Department of State;                       (D)  an unexpired United States passport;                       (E)     a Certificate of United States   Naturalization; or                       (F)  a United States Citizen Identification Card;                 (2)     the applicant is not a citizen of the United   States, the applicant may submit a completed Free Application for   Federal Student Aid (FAFSA) as evidence that the applicant is   lawfully present in the United States only if the applicant:                       (A)  is a legal permanent resident;                       (B)     has an Arrival-Departure Record Form I-94   with "Asylee," "Parolee or Parole," "Refugee," "Asylum,"   "Conditional Permanent Resident," "Conditional Entrant,"   "Cuban-Haitian Entrant," "HP-Humanitarian Parolee," or "PIP-Public   Interest Parolee" stamp; or                       (C)     holds an unexpired visa issued by the federal   government in category T-1 (victim of human trafficking); or                 (3)     the applicant is not a citizen of the United States   described by Subdivision (2), the applicant must submit to the   institution of higher education two documents issued by the   appropriate United States agency that authorize the applicant to be   present in the United States, including:                       (A)  a Permanent Resident Card;                       (B)     an unexpired passport issued by another   country with a "Processed for I-551" stamp or with an expired visa;                       (C)     a Re-entry Permit or other travel document   issued to Permanent Residents;                       (D)     an Arrival-Departure Record Form I-94 that   bears the holder's photograph with "Temporary I-551" stamp;                       (E)     a Notice of Approval Status with the bottom   I-94 portion attached;                       (F)  a refugee travel document;                       (G)  an Employment Authorization Document;                       (H)     a Certificate of Eligibility for   Nonimmigrant Student Status (Form I-20);                       (I)     a form DS-2019 or IAP-66 for J-1 visa   holders;                       (J)     a Nonresident Alien Canadian Border Crossing   Identification Card; or                       (K)     any other document determined by the United   States Department of Homeland Security to be acceptable through the   federal Systematic Alien Verification for Entitlements (SAVE)   program, or a successor program.           (c-1)     An applicant described by Subsection (c)(3) who is   unable to submit two documents described by that subdivision may   only be required to submit one document if the applicable   institution of higher education is able to verify that document and   the applicant's immigration status using the federal Systematic   Alien Verification for Entitlements (SAVE) program, the federal   Student and Exchange Visitor Information System (SEVIS), or   successor programs.           (d)     An institution of higher education may not require   additional verification under Subsection (c) for an applicant who:                 (1)     is employed by the institution and has had the   applicant's citizenship or immigration status verified through the   E-verify program, as described by Section 673.001, Government Code;   or                 (2)     has had the applicant's immigration status   verified through the federal Student and Exchange Visitor   Information System (SEVIS) or a successor program.           (e)     All applications, other than an application for   employment, that indicate that the applicant is a resident of this   state for purposes of Subchapter B, Chapter 54, or that are for a   scholarship, grant, loan, tuition or fee waiver, or other financial   assistance that is paid wholly or partly with state money must   include the following text:           "State law requires an applicant for resident tuition or for   financial assistance funded by state money to complete and sign the   following statement:           I, [NAME], swear or affirm under penalty of perjury under the   laws of this state that: (check one)           I am a citizen of the United States; or           I am an alien lawfully present in the United States.           I understand that this statement is required under state law   because I have applied for a public benefit.   I understand that &#xA [Text truncated for display. 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