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),
Just to thank you again Kabar for giving links and your comments tonight on immigration. Perry’s stance will indeed bring him ‘favor’ in the Hispanic community and likely other foreigners here....as well as the muslim community will likely favor Perry....how that will play out in the election remains to be seen of course.
http://www.cnsnews.com/news/article/perry-defends-state-tuition-students-no-matter-how-you-got-state