Kleinschmidt bill would repeal Texas precursor to DREAM Act

Posted on: December 22nd, 2010 by Patrick Brendel 1 Comment

State Rep. Tim Kleinschmidt (R-Lexington) has filed legislation that would abolish Texas law granting in-state tuition to certain undocumented college students. The 2001 law, written by then-state Rep. Rick Noriega (D-Houston), was a precursor to the federal DREAM Act recently defeated by GOP members of the U.S. Senate.

State Rep. Leo Berman (R-Tyler) said he would file legislation to abolish the law if it survives an ongoing legal challenge in Houston, according to a November story in the Texas Independent. At the time, Noriega said that if the law was repealed, “Essentially, we’d be stamping out hope. Frankly, as a Texan, I just don’t think that’s who we are.”

Gov. Rick Perry signed House Bill 1403 into law in June 2001. The Texas Senate passed the bill with a final vote of 27-3 (with GOP Sens. Mike Jackson, Jane Nelson and Jeff Wentworth voting ‘nay’), and the Texas House passed the bill with a final vote of 130-2 (with GOP Reps. Will Hartnett and Jerry Madden voting ‘nay’).

Kleinschmidt’s HB 464 would tie a dependent student’s residency status to his/her parents’ domicile. According to the bill, “A person who is not authorized by law to be present in the United States may not be considered a resident of this state” to qualify for reduced in-state tuition.

The bill would give institutes of higher education the discretion to require students to submit documentation of legal U.S. residence, but stipulates that policies would have to be applied evenly to all students

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