Rules
and Regulations for Determining Residence Status
Section
21.727.����������� Authority and Purpose.
21.728.����������� Definitions.
21.729.����������� Effective Date of Subchapter.
21.730.����������� Determination of Resident Status.
21.731.����������� Information Required to Establish Resident Status
21.732.����������� Continuing
Resident Status.
21.733.����������� Reclassification Based on Additional
or Changed Information.
21.734.����������� Errors in Classification.
21.735.����������� Waivers that Permit Nonresidents to
Pay Resident Tuition.
21.736.����������� Residence Determination Official.
21.727.������ Authority
and Purpose.
Texas
Education Code, Section 54.075, requires the Board to adopt rules to carry out
the purposes of Texas Education Code, Subchapter B, concerning the
determination of resident status for tuition purposes.
21.728.������ Definitions.
The following words and terms, when used in this
subchapter, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)��� Census
date � the date in an academic term for which an institution is required to
certify a person�s enrollment in the institution for the purposes of
determining formula funding for the institution.
(2)��� Coordinating
Board or Board � the
(3)��� Core
Residency Questions � the questions promulgated by the Board and set forth
in Revised Chart II, which is incorporated into this subchapter for all
purposes, to be completed by a person and used by an institution to determine
if the person is a
(4)��� Dependent
� a person who:
(A)�� is less than 18 years of age and has not been
emancipated by marriage or court order; or
(B)�� is eligible to be claimed as a dependent of a
parent of the person for purposes of determining the parent�s income tax
liability under the Internal Revenue Code of 1986.
�(5)�� Domicile � a person�s principal,
permanent residence to which the person intends to return after any temporary
absence.�
(6)��� Eligible for Permanent Resident Status
� a person who has filed an I-485 application for permanent residency and has
been issued a fee/filing receipt or notice of action.
(7)��� Established
a domicile in Texas � a person has established a domicile in Texas if he or
she has met the conditions shown in Section 21.730 (d) of this title (relating
to Determination of Resident Status).
(8)��� Eligible
Nonimmigrant � a person who has been issued a type of nonimmigrant visa by
the USCIS that permits the person to establish a domicile in the
(9)��� Gainful
employment � activities intended to provide an income to a person or allow
a person to avoid the expense of paying another person to perform the tasks (as
in child care or the maintenance of a home).�
A person who is self-employed, employed as a homemaker, or who is living
off his/her earnings may be considered gainfully employed for purposes of
establishing residency, as may a person whose primary support is public
assistance.
(10) General
Academic Teaching Institution � The University of Texas at Austin; The
University of Texas at El Paso; The University of Texas of the Permian Basin;
The University of Texas at Dallas; The University of Texas at San Antonio;
Texas A&M University, Main University; The University of Texas at
Arlington; Tarleton State University; Prairie View A&M University; Texas Maritime
Academy (now Texas A&M University � Galveston); Texas Tech University;
University of North Texas; Lamar University; Lamar State College -- Orange;
Lamar State College -- Port Arthur; Texas A&M University -- Kingsville;
Texas A&M University -- Corpus Christi; Texas Woman�s University; Texas
Southern University; Midwestern State University; University of Houston;
University of Texas -- Pan American; The University of Texas at Brownsville;
Texas A&M University -- Commerce; San Houston State University; Texas State
University -- San Marcos; West Texas A&M University; Stephen F. Austin
State University; Sul Ross State University; Angelo
State University; and The University of Texas at Tyler, and as defined in Texas
Education Code, Section 61.003(3).
(11) Institution
or institution of higher education � any public technical institute, public
junior college, public senior college or university, medical or dental unit, or
other agency of higher education as defined in Texas Education Code, Section
61.003(8).
(12) Legal guardian � a person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.
(13) Maintain a residence � to physically reside in a location.� The maintenance of a residence is not interrupted by a temporary absence from the state, as provided in Section 21.730 (e) of this title (relating to Determination of Resident Status).
(14) Managing conservator � a parent, a competent adult, an authorized agency, or a licensed child-placing agency appointed by court order issued under the Texas Family Code, Title 5.
(15)� Nonresident
tuition � the amount of tuition paid by a person who does not qualify as a
Texas resident under this subchapter unless such person qualifies for a waiver
program under Section 21.735 of this title, (relating to Waivers that Permit
Nonresidents to Pay Resident Tuition).�
(16)� Parent �
a natural or adoptive parent, managing or possessory conservator, or legal
guardian of a person.� The term does not
include a step-parent.
(17)� Possessory
conservator � a natural or adoptive parent appointed by court order issued
under the Texas Family Code, Title 5.
(18)� Private
high school � a private or parochial school accredited by an accrediting
agency that is recognized and accepted by the Texas Private School
Accreditation Commission.� The term does
not include a home school.
(19)� Public
technical institute or college � the Lamar Institute of Technology or any
campus of the Texas State Technical College System.
(20)� Regular
semester � a fall or spring semester, typically consisting of 16 weeks.
(21)� Residence
� a person�s home or other dwelling place.
(22)� Residence
Determination Official � the primary individual at each institution who is responsible
for the accurate application of state statutes and rules to individual student
cases.�
(23)� Resident
tuition � the amount of tuition paid by a person who qualifies as a
(24)� Temporary
absence � absence from the State of
(25)� United
States Citizenship and Immigration Services (USCIS) � the bureau of the
U.S. Department of Homeland Security that is responsible for the administration
of immigration and naturalization adjudication functions and establishing
immigration services policies and priorities.
21.729.������ Effective Date of this Subchapter.
Each institution
shall apply these rules beginning with enrollments for the Fall Semester, 2006.
21.730.������ Determination of Resident Status.
(a)� The following persons shall be classified as
(1)� a person who:
(A) graduated from a public or accredited private
high school in this state or, as an alternative to high school graduation,
received the equivalent of a high school diploma in this state, and
(B) maintained a residence
continuously in this state for:
(i)�� the thirty-six
months immediately preceding the date of graduation or receipt of the diploma
equivalent, as applicable; and
(ii)� the 12 months
preceding the census date of the academic semester in which the person enrolls
in an institution.
(2)� a person who:
(A) established a domicile in this state not less
than 12 months before the census date of the academic semester in which the
person enrolls in an institution; and
(B) maintained a residence
continuously in the state for the 12 months immediately preceding the census
date of the academic semester in which the person enrolls in an institution.
(3)� a dependent whose
parent:
(A) established a domicile in this state not less
than 12 months before the census date of the academic semester in which the
person enrolls in an institution; and
(B) maintained a residence
continuously in the state for the 12 months immediately preceding the census
date of the academic semester in which the person enrolls in an institution.
(b)� The following non-U. S. citizens may establish
a domicile in this state for the purposes of subsection (a)(2)
or (3) of this section:
(1)� a Permanent Resident;
(2)� a person who is
eligible for permanent resident status, as defined in Section 21.728(6) of this
title (relating to Definitions);
(3)� an eligible
nonimmigrant that holds one of the types of visas listed in Chart I and
incorporated into this subchapter for all purposes;
(4)� a person classified
by the USCIS as a Refugee, Asylee, Parolee,
Conditional Permanent Resident, or Temporary Resident;
(5)� a person holding Temporary Protected Status,
and Spouses and Children with approved petitions under the Violence Against
Women Act (VAWA), an applicant with an approved USCIS I-360, Special
Agricultural Worker, and a person granted deferred action status by USCIS;
(6)� a person who has filed an application for
Cancellation of Removal and Adjustment of Status under Immigration Nationality
Act 240A(b) or a Cancellation of Removal and
Adjustment of Status under the Nicaraguan and Central American Relief Act
(NACARA), Haitian Refugee Immigrant Fairness Act (HRIFA), or the Cuban
Adjustment Act, and who has been issued a fee/filing receipt or Notice of
Action by USCIS; and
(7)� a person who has filed for adjustment of
status to that of a person admitted as a Permanent Resident under 8 United
States Code 1255, or under the �registry� program (8 United States Code 1259),
or the Special Immigrant Juvenile Program (8 USC 1101(a)(27)(J)) and has been issued a fee/filing receipt or Notice of
Action by USCIS.
(c)� The domicile of a dependent�s parent is
presumed to be the domicile of the dependent unless the dependent establishes
eligibility for resident tuition under subsection (a)(1)
of this section.
(d)� A domicile in
(e)� The temporary absence of a person or a
dependent�s parent from the state for the purpose of service in the U.S. Armed
Forces, Public Health Service, Department of Defense, U.S. Department of State,
as a result of an employment assignment, or for educational purposes, shall not
affect a person�s ability to continue to claim that he or she is a domiciliary
of this state.� The person or the
dependent�s parent shall provide documentation of the reason for the temporary
absence.
(f)� The temporary presence of a person or a
dependent�s parent in Texas for the purpose of service in the U.S. Armed
Forces, Public Health Service, Department of Defense or service with the U.S.
Department of State, or as a result of any other type of employment assignment
does not preclude the person or parent from establishing a domicile in Texas.
21.731.������ Information
Required to Initially Establish Resident Status.
(a)� To initially establish resident status under
Section 21.730 of this title, (relating to Determination of Resident Status), a
person shall provide the institution with a completed set of Core Residency
Questions as set forth in Revised Chart II, which is incorporated into this
subchapter for all purposes. �
(b)� An institution may request that a person
provide documentation to support the answers to the Core Residency
Questions.� A list of appropriate
documents is included in Revised Chart IV, which is incorporated into this
subchapter for all purposes.� In addition,
the institution may request documents that support the information the student
may provide in Revised Chart II, Section H.
(c)� If a person who establishes resident status
under Section 21.730(a)(1) of this title is not a
Citizen of the United States or a Permanent Resident, the person shall, in
addition to the other requirements of this section, provide the institution
with a signed affidavit, stating that the person will apply to become a
Permanent Resident as soon as the person becomes eligible to apply.� The affidavit shall be required only when the
person applies for resident status and shall be in the form provided in Chart
III and incorporated into this subchapter for all purposes.
(d)� An institution shall not impose any
requirements in addition to the requirements established in this section for a
person to establish resident status.
21.732. Continuing Resident Status.
(a)� Except
as provided under subsection (c) of this section, a person who was enrolled in
an institution for any part of the 2006 state fiscal year and who was
classified as a resident of this state under Subchapter B, Chapter 54, Texas
Education Code, in the last academic period of that year for which the person
was enrolled is considered to be a resident of this state for purposes of this
subchapter, as of the beginning of the fall semester, 2006.
(b)� Except
as provided by subsection (c) of this section, a person who has established
resident status under this subchapter is entitled to pay resident tuition in
each subsequent academic semester in which the person enrolls at any
institution.
(c)� A
person who enrolls in an institution after two or more consecutive regular
semesters during which the person is not enrolled in a public institution shall
submit the information required in Section 21.731 of this title, (relating to
Information Required to Establish Resident Status), and satisfy all the
applicable requirements to establish resident.
21.733. Reclassification Based on
Additional or Changed Information.
(a)� If
a person is initially classified as a nonresident based on information provided
through the set of Core Residency Questions, the person may request
reclassification by providing the institution with supporting documentation as
described in Revised Chart IV, which is incorporated into Section 21.731(b) of
this title (relating to Information Required to Initially Establish Resident
Status).
(b)� A
person shall provide the institution with any additional or changed information
which may affect his or her resident or nonresident tuition classification
under this subchapter.
(c)� An
institution may reclassify a person who had previously been classified as a
resident or nonresident under this subchapter based on additional or changed
information provided by the person.�
(d)� Any
change made under this section shall apply to the first succeeding semester in
which the person is enrolled, if the change is made on or after the census date
of that semester.� If the change is made
prior to the census date, it will apply to the current semester.
21.734. Errors in Classification.
(a)� If
an institution erroneously permits a person to pay resident tuition and the
person is not entitled or permitted to pay resident tuition under this
subchapter, the institution shall charge nonresident tuition to the person
beginning with the semester following the date that the institution discovers
the error.�
(b)� Not
later than the first day of the following semester, the institution may notify
the person that he or she must pay the difference between resident and
nonresident tuition for each previous semester in which the student should not
have paid resident tuition, if:
(1)� the
person failed to provide to the institution, in a timely manner after the
information becomes available or on request by the institution, any information
that the person reasonably should know would be relevant to an accurate
classification by the institution under this subchapter information; or
(2)� the person provided false information to the institution
that the person reasonably should know could lead to an erroneous
classification by the institution under this subchapter.
(c)� If
the institution provides notice under subsection (b) of this section, the
person shall pay the applicable amount to the institution not later than the
30th day after the date the person is notified of the person�s liability for
the amount owed.� After receiving the
notice and until the amount is paid in full, the person is not entitled to
receive from the institution a certificate or diploma, if not yet awarded on
the date of the notice, or official transcript that is based at least partially
on or includes credit for courses taken while the person was erroneously
classified as a resident of this state.�
(d)� If
an institution erroneously classified a person as a resident of this state
under this subchapter and the person is entitled or permitted to pay resident
tuition under this subchapter, that person is not liable for the difference
between resident and nonresident tuition under this section.
(e)� If
an institution erroneously classifies a person as a nonresident and the person
is a resident under this subchapter, the institution shall refund the
difference in resident and nonresident tuition for each semester in which the student
was erroneously classified and paid the nonresident tuition rate.
21.735. Waiver Programs for Certain
Nonresident Persons.
A person who is
classified as a nonresident under the provisions of this section shall be
permitted to pay resident tuition, if the person qualifies for one of the
following waiver programs:
(1)� Economic Development and Diversification
Program.
(A) A nonresident person, (including a Citizen, a
Permanent Resident of the U.S., a person who is eligible to be a Permanent
Resident of the U.S., and an eligible nonimmigrant) whose family has been
transferred to Texas by a company under the state's Economic Development and
Diversification Program, and a person�s spouse and children shall pay resident
tuition as soon as they move to Texas, if the person provides the institution
with a letter of intent to establish Texas as his/her home.� A person who moves to
(B) After the family has maintained a residence in
(C) A current list of eligible companies is
maintained on the Coordinating Board web site at www.collegefortexans.com.
(2)� Program for Teachers, Professors, their
Spouses and Dependents.
(A) A nonresident person (including a Citizen,
Permanent Resident of the U.S., a person who is eligible to be a Permanent
Resident of the U.S., and an eligible nonimmigrant) employed as a teacher or
professor at least half time on a regular monthly salary basis (not as hourly
employee) by an institution shall pay resident tuition at any institution in
the state and the spouse and dependent children of the nonresident person shall
also pay resident tuition.�
(B) This waiver program is applicable only during
the person�s periods of employment.�
(C) If a spouse or dependent child of the teacher
or professor attends an institution other than the employing institution, the
employing institution shall provide a letter to the spouse or child�s
institution verifying the employment of the teacher or professor.
(3)� Program for Teaching Assistants and Research
Assistants, their Spouses and Dependents.�
(A) A nonresident person (including a Citizen,
Permanent Resident of the U.S., a person who is eligible to be a Permanent
Resident of the U.S., and an eligible nonimmigrant) employed by an institution
as a teaching or research assistant on at least a half-time basis in a position
related to his/her degree program shall pay resident tuition at any institution
in this state and the spouse and dependent children of the nonresident person
shall also pay resident tuition.�
(B) The employing institution shall determine
whether or not the person�s employment relates to the degree program.
(C) If a spouse or dependent child of the teacher
or professor attends an institution other than the employing institution,
the employing institution shall provide a letter to the spouse or child�s
institution verifying the employment of the teaching or research assistant.
(D) This waiver program is applicable only during
the person�s periods of employment.�
(4)� Program for Competitive Scholarship
Recipients.
(A) A nonresident person (including a Citizen,
Permanent Resident of the U.S., a person who is eligible to be a Permanent
Resident of the U.S., and an eligible nonimmigrant) who receives a competitive
scholarship from the institution is entitled to pay resident tuition.
(B) In order for the person to be eligible for this
waiver program, the competitive scholarship must:
(i)�� total at least
$1,000 for the period of time covered by the scholarship, not to exceed 12
months; and
(ii)� be awarded by a
scholarship committee authorized in writing by the institution's administration
to grant scholarships that permit this waiver of nonresident tuition; and�
(iii) be awarded according to criteria published in
the institution�s paper or electronic catalog, available to the public in
advance of any application deadline; and
(iv) be awarded under
circumstances that cause both the funds and the selection process to be under
the control of the institution; and
(v)� permit awards to both
resident and nonresident persons.
(C) The scholarship award shall specify the semester
or semesters for which the scholarship is awarded and a waiver of nonresident
tuition under this provision shall not exceed the semester or semesters for
which the scholarship is awarded.���
(D) If the scholarship is terminated for any reason
prior to the end of the semester or semesters for which the scholarship was
initially awarded, the person shall pay nonresident tuition for any semester
following the termination of the scholarship.�
(E) The total number of persons receiving a waiver
of nonresident tuition in any given semester under this provision shall not
exceed 5 percent of the students enrolled in the same semester in the prior
year in that institution.
(F) If the scholarship recipient is concurrently
enrolled at more than one institution, the waiver of nonresident tuition is
only effective at the institution awarding the scholarship. An exception for
this rule exists for a nonresident person who is simultaneously enrolled in two
or more institutions of higher education under a program offered jointly by the
institutions under a partnership agreement. If one of the partnership
institutions awards a competitive scholarship to a person, the person is
entitled to a waiver of nonresident tuition at the second institution.
(G)������������ If a nonresident person is awarded
a competitive academic scholarship or stipend under this provision and the
person is accepted in a clinical biomedical research training program designed
to lead to both a doctor of medicine and doctor of philosophy degree, he or she
is eligible to pay the resident tuition rate.
(5)� Programs for Lowered Tuition for Individuals
from Bordering States or
(A) Programs that Require Reciprocity. Waivers of
nonresident tuition made through each of the following three programs for
persons from states neighboring
(i)�� Persons residing in
(ii)� Persons residing in
(iii) Persons residing in counties or parishes of
�
(iv) If a person or a dependent child�s family moves
to
(B) Programs That Do Not Require Reciprocity.
Persons who reside in another state may pay a lowered nonresident tuition not
less than $30 per semester credit hour above the current resident tuition rate
when they attend a general academic teaching institution located within 100
miles of the Texas border if:
(i)�� the governing board of the institution
approves the tuition rate as in the best interest of the institution and finds
that such a rate will not cause unreasonable harm to any other institution; and
(ii)� the Commissioner
approves the tuition rate by finding that the institution has a surplus of
total educational and general space as calculated by the Board�s most current
space projection model.� This obligation
to obtain the approval of the Commissioner is continuing and approval to
participate in this waiver program must be obtained at least every two years.
(C) Programs for Residents of
(i)�� An unlimited number of residents of Mexico
who have demonstrated financial need and attend a general academic teaching
institution or a component of the Texas State Technical College System, if the
institution or component is located in a county adjacent to Mexico, Texas
A&M University�Corpus Christi, Texas A&M University�Kingsville, the
University of Texas at San Antonio, or Texas Southmost
College shall pay resident tuition.
(ii)� A limited number of residents of Mexico who
have financial need may attend a general academic teaching institution or
campus of the Texas State Technical College System located in counties not
adjacent to Mexico and pay resident tuition�
This waiver program is limited to the greater of two students per 1000
enrollment, or 10 students per institution.
(iii) An unlimited number of residents of Mexico who
have demonstrated financial need and register in courses that are part of a
graduate degree program in public health conducted by an institution in a
county immediately adjacent to Mexico shall pay resident tuition.
(6) Program for the beneficiaries of the Texas
Tomorrow Fund.� A person who is a
beneficiary of the Texas Tomorrow Fund shall pay resident tuition and required
fees for semester hours paid under the prepaid tuition contract.� If the person is not a
(7) Program for Inmates of the Texas Department of
Criminal Justice. All inmates of the Texas Department of Criminal Justice shall
pay resident tuition.��
(8) Program for Foreign Service Officers. A Foreign
Service officer employed by the U.S. Department of State and enrolled in an
institution shall pay resident tuition if the person is assigned to an office
of the U.S. Department of State that is located in
(9) Program for Registered Nurses in Postgraduate Nursing
Degree Programs.� An institution may
permit a registered nurse authorized to practice professional nursing in Texas
to pay resident tuition and fees without regard to the length of time that the
registered nurse has resided in Texas, if the nurse:
(A) is enrolled in a
program designed to lead to a master's degree or other higher degree in
nursing; and
(B) intends to teach in a
program in
(10)��������������� Programs for Military and Their
Families. Members of the U.S. Armed Forces, Army National Guard, Air National
Guard, Army, Air Force, Navy, Marine Corps or Coast Guard Reserves and
Commissioned Officers of the Public Health Service, and their Spouses or
Dependent Children.
(A) Assigned to Duty in
(B) After Assignment to Duty in
�
(C) Out-of-State Military.� A spouse and/or dependent child of a member
of the U.S. Armed Forces, or of a Commissioned Officer of the Public Health
Service who is stationed outside of Texas shall pay resident tuition if the spouse
and/or child moves to this state and files a statement of intent to establish
residence in Texas with the institution that he or she attends.
(D) Survivors.�
A spouse and/or dependent child of a member of the U.S. Armed Forces, or
of a Commissioned Officer of the Public Health Service who died while in
service, shall pay resident tuition if the spouse and/or child moves to
(E) Spouse and Dependents who Previously
Lived in
(i)�� filed proper documentation with the military
or Public Health Service to change his/her permanent residence to Texas and
designated Texas as his/her place of legal residence for income tax purposes;
and
(ii)� registered to vote in
(iii) has satisfied a least
one of the following requirements for the 12 months prior to the first day of
the relevant semester:
(I)� ownership of real estate in
(II) registration of an
automobile in
(III)����������� execution
of a currently-valid will deposited with a county clerk in
(F) Honorably Discharged Veterans. A former member
of the U.S. Armed Forces or Commissioned Officer of the Public Health Service
and his/her spouse and/or dependent child shall pay resident tuition for any
semester beginning prior to the first anniversary of separation from the
military or health service,� if the
former member:
(i)�� had, at least one year preceding the census
date of the term or semester, executed a document with U.S. Armed Forces or
Public Health Service that is in effect on the census date of the term or
semester and that changed his/her permanent residence to Texas and designated
Texas as his/her place of legal residence for income tax purposes; and
(ii)� had registered to
vote in
(iii) provides documentation
that the member has, not less than 12 months prior to the census date of the
term in which he or she plans to enroll, taken 1 of the 3 following actions:
(I)� purchased real estate in
(II) registered an
automobile in
(III) executed a
currently-valid will that has been deposited with a county clerk in
(G)������������ NATO Forces.� Non-immigrant aliens stationed in
(H) Radiological Science Students at
(11) Program for the
Center for Technology Development and Transfer.�
Under agreements authorized by Texas Education Code, Section 65.45, a
person employed by the entity with whom the University of Texas System enters
into such an agreement, or the person�s spouse or child, may pay resident
tuition when enrolled in a University of Texas System institution.
view Chart I here
Revised Chart II. Core
Residency Questions.
view Chart II here
Chart III. Affidavit.
view Chart III here
Revised Chart IV. Documentation to
Support Domicile and Residency