Sec. 54.331.  STUDENTS FROM OTHER NATIONS OF THE AMERICAN HEMISPHERE.  (a)  The governing boards of the institutions of higher education may annually exempt from the payment of tuition fees the following students:
(1)  200 native-born students from the other nations of the American hemisphere; and
(2)  35 native-born students from a Latin American country designated by the United States Department of State.
(b)  Ten students from each nation, as authorized in Subsection (a)(1), shall be exempt as provided in this subsection.  In the event any nation fails to have 10 students available and qualified for exemption, additional students from the other nations may be exempted, subject to the approval of the Texas Higher Education Coordinating Board and allocation by the coordinating board.  However, not more than 235 students from all the nations shall be exempt each year.  In the event the nation designated in Subsection (a)(2) of this section fails to have 35 students available and qualified for exemption within a reasonable time, additional students from other nations may be exempt, subject to the approval of the coordinating board.
(c)  Every applicant desiring the exemption shall furnish satisfactory evidence, certified by the proper authority of the applicant's native country, that the applicant is a bona fide native-born citizen and resident of the country that certifies the application and that the applicant is scholastically qualified for admission.
(d)  The coordinating board, after consultation with representatives of the governing boards of the institutions of higher education, shall formulate and prescribe a plan governing the admission and distribution of all applicants desiring to qualify under the provisions of this section.
(e)  No student shall be exempted under this section who is not a native-born citizen of the country certifying the student's qualifications and who has not lived in one of the nations of this hemisphere for a period of at least five years.  No member of the Communist Party and no student from Cuba shall be eligible for benefits under this section.
Redesignated and amended from Education Code, Section 54.207 by Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 1, eff. January 1, 2012.