[potlatch]

[Out of country but legal.]

Anyone out of state has to move to Texas and live here one year before getting the ‘instate’ tuition.

A foreign national who has lived in Texas for three years, who graduates from a Texas high school or gets a GED, and who signs an affidavit promising to seek permanent-legal-resident status in the United States if they become eligible for that status, is given in-state tuition at Texas public schools. This applies to foreign nationals who have entered the U.S. legally and illegally.

Instate tuition is what all Texas kids have to pay.

[kabar]

and who signs an affidavit promising to seek permanent-legal-resident status in the United States if they become eligible for that status, is given in-state tuition at Texas public schools.

That simply isn't true. There is no such affidavit requirement. The law itself makes no mention of immigrantion status. 3 year residency is all that is required in addition to a high school degree or GED. You could be a 25 year old illegal with a GED and get in-state tuition.

Read the current legal challenge to the Texas law, Immigration Reform Coalition of Texas v. State of Texas (University of Houston),

[kabar]

I stand corrected on the affidavit. HB 1403 does require "provides to the institution an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so."

This is meaningless. "eligible to do so" is so ambiguous to be unenforceable.