The “Reps” are not trying to overturn this law - our Representatives are not in Session for another year and a half (thank the Lord, they only meet 120 days, every two years), and none of them introduced a Bill to overturn it in the last Session (January to May, 2011).
One bill came up in the Senate (Birdwell) in this year, but never even made it to a hearing in committee.
It's worth noting that Sen. Brian Birdwell filed a bill to repeal that in-state tuition law just this year in the Senate, where Dewhurst is the presiding office. The bill, Senate Bill 1631, was referred to the Higher Education Committee, chaired by Democratic Sen. Judith Zaffirini. It was heard but never emerged from that committee.
Lt Gov Dewhurst is breaking from Perry on the issue. "If we're not going to give fellow Americans who live in Louisiana or Oklahoma or New Mexico the ability to come into Texas and have in-state tuition and save, then is it fair to give that break to people who are not citizens here?" he told Dallas/Ft. Worth's WFAA. "So, I would not have signed that law."
Dewhurt's chief primary opponent, former Texas solicitor general Ted Cruz, painted the lieutenant governor's position as another flip-flop.
"This is another Republican primary year conversion by David Dewhurst. He was for in-state tuition for illegal immigrants before he was against it," Cruz said in a statement to On Call. "The next Senator from Texas needs to be a strong conservative who knows what he believes. I strongly oppose in-state tuition for illegal aliens, and categorically oppose amnesty or preferential treatment for illegal immigrants."
If repealing or opposing in-state tuition for illegals is not popular among Reps, then why are the two leading candidates for the Senate espousing their opposition to in-state tuition?
"Several states have made illegal immigrants eligible for lower in-state tuition at colleges and universities, but 81% of voters oppose such a move in their state. Just 12% think illegal immigrants should be eligible for these tuition breaks in their home state. Opposition to allowing illegal immigrants to be eligible for in-state tuition is slightly stronger than it was back in October 2007."