Not in Texas, but they likely can in your state.
LOL! There are millions of illegals in Texas which makes your suggestion that Texas is so "law and order" with respect to illegal immigration laughable.
Illegal aliens, who live in perpetual violation of the law are not going to abide by some idiotic residency requirement for in state tution. These people didn't fulfill the requirements to legally enter the US in the first place, I don't know why you have such a hard time understanding this very simple concept.