CHAPTER 21. STUDENT SERVICES
SUBCHAPTER
B. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT
PERSONS
Adopted January 2011
Section
21.21.
Authority and Purpose.
21.22.
Definitions.
21.23.
Effective Date of Subchapter.
21.24.
Determination of Resident Status.
21.25.
Information Required to Establish Resident Status.
21.26.
Continuing Resident Status.
21.27.
Reclassification Based on Additional or Changed Information.
21.28.
Errors in Classification.
21.29.
Waiver Programs for Certain Nonresident Persons.
21.30.
Residence Determination Official.
21.21. 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.
21.22. 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) Clear and Convincing
Evidence – That degree of proof that will produce a firm conviction or a firm
belief as to the facts sought to be established. The evidence must justify the
claim both clearly and convincingly.
(3) Coordinating Board or
Board – The Texas Higher Education Coordinating Board.
(4) Core Residency Questions
– The questions promulgated by the Board to be completed by a person and used
by an institution to determine if the person is a Texas resident. For
enrollments prior to the 2008-2009 academic year, institutions may use the core
questions developed and distributed by the Board in 1999 or later, including
the core questions included in the Texas Common Application, or the core
questions set forth in current Board rules or posted on the Texas Higher
Education Coordinating Board web site. The core questions to be used for enrollments
on or after the 2008-2009 academic year shall be the
core questions in the Texas Common Application or core questions posted on the
Board web site.
(5) 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.
(6) Domicile – A person’s
principal, permanent residence to which the person intends to return after any
temporary absence.
(7) 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 by the
United States Citizenship and Immigration Services (USCIS) showing that his or
her I-485 has been reviewed and has not been rejected.
(8) Established domicile in
Texas – Physically residing in Texas with the intent to maintain domicile in
Texas for at least the 12 consecutive months immediately preceding the census
date of the term of enrollment, allowing for documented temporary absences.
(9) Eligible Nonimmigrant –
A person who has been issued a type of nonimmigrant visa by the USCIS that
permits the person to establish and maintain domicile in the United States.
(10) Financial need – An
economic situation that exists for a student when the cost of attendance at an
institution of higher education is greater than the resources the family has
available for paying for college. In determining a student’s financial need an
institution must compare the financial resources available to the student to
the institution’s cost of attendance.
(11) Gainful employment –
Employment 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)
that is sufficient to provide at least one-half of the individual’s tuition and
living expenses or that represents an average of at least twenty hours of
employment per week. A person who is self-employed 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.
Employment conditioned on student status, such as work study, the receipt of
stipends, fellowships, or research or teaching assistantships, does not
constitute gainful employment.
(12)
General Academic Teaching Institution – As the term is defined in Texas
Education Code, Section 61.003.
(13) 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).
(14) Legal guardian – A
person who is appointed guardian under the Texas Probate Code, Chapter 693, or
a temporary or successor guardian.
(15) Maintain domicile – To
physically reside in Texas such that the person intends to always return to the
state after a temporary absence. The maintenance of domicile is not interrupted
by a temporary absence from the state, as provided in subsection 21.22(27) of
this section.
(16) 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.
(17) 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 21.29 of this title, (relating to Waiver Programs for Certain
Nonresident Persons).
(18) Nontraditional
secondary education – A course of study at the secondary school level in a
nonaccredited private school setting, including a home school.
(19) Parent – A natural or
adoptive parent, managing or possessory conservator, or legal guardian of a
person. The term would not otherwise include a step-parent.
(20) Possessory conservator
– A natural or adoptive parent appointed by court order issued under the Texas
Family Code, Title 5.
(21) Private high school – A
private or parochial school in Texas.
(22) Public technical
institute or college – The Lamar Institute of Technology or any campus of the
Texas State Technical College System.
(23) Regular semester – A
fall or spring semester, typically consisting of 16 weeks.
(24) Residence – A person’s
home or other dwelling place.
(25) 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.
(26) Resident tuition – The
amount of tuition paid by a person who qualifies as a Texas resident under this
subchapter.
(27) Temporary absence – Absence from the
State of Texas with the intention to return, generally for a period of less
than five years. For example, 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, U.S. Public Health Service, U.S. 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 Texas is his or
her domicile.
(28) 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.
21.23. Effective Date of this Subchapter.
Each institution shall apply
these rules beginning with enrollments for the Fall Semester, 2006. Changes to
these rules adopted in January 2011 are effective with residency decisions made
for the Fall Semester, 2011.
21.24. Determination of Resident Status.
(a) The following persons shall be classified as Texas
residents and entitled to pay resident tuition at all institutions of higher
education:
(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, including the successful completion of a nontraditional secondary
education, 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 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
domicile 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 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
domicile 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 student has the
burden of proof to show by clear and convincing evidence that residence or
domicile, as appropriate, has been established and maintained in accordance
with subsections (a)(1), (a)(2), and (a)(3) of this section.
(c) The following non-U. S.
citizens are eligible to establish and maintain 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 subsection
21.22(7) of this title (relating to Definitions);
(3) an
eligible nonimmigrant who holds one of the types of visas posted on the
Coordinating Board’s web site;
(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.
(d) 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.
(e) Although not conclusive or exhaustive, the
following factors occurring throughout at least 12 consecutive months
immediately preceding the census date of the semester in which a person seeks
to enroll may lend support to a claim regarding his/her intent to establish and
maintain domicile in Texas:
(1) sole
or joint marital ownership of residential real property in Texas by the person
seeking to enroll or the dependent’s parent, having established and maintained
domicile at that residence;
(2) ownership
and customary management of a business, by the person seeking to enroll or the
dependent’s parent, in Texas which is regularly operated without the intention
of liquidation for the foreseeable future;
(3) gainful
employment in Texas by the person seeking to enroll or the dependent’s parent;
(4) marriage,
by the person seeking to enroll or the dependent’s parent, to a person who has
established and maintained domicile in Texas.
(f) An individual whose
initial purpose for moving to Texas is to attend an institution of higher
education as a full-time student will be presumed not to have the required
intent to make Texas his or her domicile; however, the presumption may be
overruled by clear and convincing evidence.
(g) An individual shall not
ordinarily be able to establish domicile by performing acts which are directly
related to fulfilling educational objectives or which are required or routinely
performed by temporary residents of the State.
21.25. Information Required to Initially Establish Resident Status.
(a) To initially establish resident status under section
21.24 of this title (relating to Determination of Resident Status),
(1) a
person who qualifies for residency under section 21.24 (a)(1) shall provide the
institution with:
(A) a
completed set of Core Residency Questions; and
(B) if the person is not a
Citizen of the United States or a Permanent Resident of the U.S., the person
shall, in addition to the other requirements of this section, provide the
institution with a signed affidavit (in the form provided in Chart I, which is
incorporated into this subchapter for all purposes), stating that the person
will apply to become a Permanent Resident of the U.S. as soon as the person
becomes eligible to apply.
(2) a
person who qualifies for residency under section 21.24 (a)(2) or (a)(3) shall
provide the institution with a completed set of Core Residency Questions.
(b) An institution
may request that a person provide documentation to support or clarify the
answers to the Core Residency Questions. Appropriate documents are not limited
to those listed in Chart II, 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 the Core Residency Questions, Section H.
(c) An institution shall not impose any requirements in
addition to the requirements established in this section for a person to
establish resident status.
21.26. 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 previous 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 following fall
semester. If an institution acquires documentation that a person is a
continuing student who was classified as a resident at the previous
institution, no additional documentation is required. The person is not
required to complete a new set of Core Questions.
(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 21.25 of
this title, (relating to Information Required to Establish Resident Status),
and satisfy all the applicable requirements to establish resident.
21.27. 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 III, which is incorporated into
Section 21.25(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.
21.28. 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.
21.29. 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 established as part of
the state's Economic Development and Diversification Program not earlier than
five years before the relevant enrollment date, 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 Texas to attend an institution before
his/her family is transferred is permitted to pay the resident tuition
beginning with the first semester or term after the family moves to the state.
(B) After the family has
maintained a residence in Texas for 12 months, the person may request a change
in classification in order to pay resident tuition.
(C) A current list of
eligible companies is maintained on the Coordinating Board web site at
www.collegeforalltexans.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 may be allowed 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.
(H) A student awarded a
competitive scholarship prior to fall 2009 that entitled him or her to pay
resident tuition in the 2009-2010 academic year is entitled to continue paying
resident tuition in subsequent semesters if awarded competitive scholarships in
keeping with subsection (4) of this section and if the student remains enrolled
in the same certificate or degree program. This provision expires August 1,
2014.
(5) Programs for Lowered Tuition for Individuals from
Bordering States or Mexico.
(A) Programs that Require Reciprocity. Waivers of
nonresident tuition made through each of the following three programs for
persons from states neighboring Texas must be based on reciprocity and the
institution shall not grant these waivers unless the institution has been
provided with a current written agreement with a similar institution in the
other state, agreeing to lower tuition for Texas students attending that
institution. A participating Texas institution shall file a copy of such
agreements with the Board and the agreements shall not be more than 2 years
old. The amount of tuition charged shall not be less than the Texas resident
tuition rate.
(i) Persons residing in New
Mexico, Oklahoma, Arkansas or Louisiana may pay a lowered nonresident tuition
when they attend Texas A&M-Texarkana, Lamar State
College-Port Arthur, Lamar State College-Orange or any public community or
technical college located in a county adjacent to their home state.
(ii) Persons residing in New
Mexico and Oklahoma may pay a lowered nonresident tuition when they attend a
public technical college located within 100 miles of the border of their home
state.
(iii) Persons residing in
counties or parishes of New Mexico, Oklahoma, Arkansas or Louisiana adjacent to
Texas may pay a lowered nonresident tuition at any institution.
(iv)
If a person or a dependent child’s family moves to Texas
from a bordering state after the person or dependent child has received a
waiver of nonresident tuition based on reciprocity as described in this section,
the person is eligible for a continued waiver of nonresident tuition for the
12-month period after the relocation to Texas.
(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 Mexico. Subject to the
following provisions, persons who are currently residents of Mexico and those
persons who are temporarily residing outside of Mexico but with definite plans
to return to Mexico shall pay resident tuition.
(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 South
most 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 Texas resident, all tuition and fees
not paid under the contract shall be paid at the nonresident rate.
(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 Mexico.
(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 Texas designed to prepare students for licensure as
registered nurses.
(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
Texas. Nonresident members of the U.S. Armed Forces, members of Texas units of
the Army or Air National Guard, Army, Air Force, Navy, Marine Corps or Coast
Guard Reserves and Commissioned Officers of the Public Health Service who are
assigned to duty in Texas, and their spouses, or dependent children, shall pay
resident tuition. To qualify, the person shall submit during his or her first
semester of enrollment in which he or she will be using the waiver program, a
statement from an appropriately authorized officer in the service, certifying
that he or she (or a parent) will be assigned to duty in Texas on the census
date of the term he or she plans to enroll and that he or she, if a member of
the National Guard or Reserves, is not in Texas only to attend training with
Texas units. Such persons shall pay resident tuition so long as they reside
continuously in Texas or remain continuously enrolled in the same degree or
certificate program. For purposes of this subsection, a person is not required
to enroll in a summer semester to remain continuously enrolled.
(B) After Assignment to Duty
in Texas. A spouse and/or dependent child of a nonresident member of the U.S.
Armed Forces, or of a Commissioned Officer of the Public Health Service who has
been reassigned elsewhere after having been assigned to duty in Texas shall pay
resident tuition so long as the spouse or child resides continuously in Texas.
For purposes of this subsection, a person is not required to enroll in a summer
semester to remain continuously enrolled.
(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 Texas within 60
days of the date of death. To qualify, a person shall submit satisfactory
evidence to the institution that establishes the date of death of the member
and that the spouse and/or dependent child has established domicile in Texas.
(E) Spouse and Dependents
who Previously Lived in Texas. 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 previously resided in Texas for at
least six months shall pay resident tuition, if the member or commissioned
officer, at least 12 months prior to the census date of the spouse’s or
dependent child’s enrollment in an institution:
(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 Texas, and
(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 Texas with no delinquent property taxes;
(II) registration
of an automobile in Texas, or
(III) execution
of a currently-valid will deposited with a county clerk in Texas that indicates
he/she is a resident of Texas.
(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 Texas for at least 12 months prior to the census date of
the term or semester, and
(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
Texas with no delinquent property taxes;
(II) registered
an automobile in Texas, or
(III) executed
a currently-valid will that has been deposited with a county clerk in Texas
that indicates he/she is a resident of Texas.
(G) NATO Forces.
Non-immigrant aliens stationed in Texas under the agreement between the parties
to the North Atlantic Treaty regarding status of forces, their spouses and
dependent children, shall pay resident tuition.
(H) Radiological Science
Students at Midwestern State University. Members of the U.S. Armed Forces
stationed outside the State of Texas who are enrolled in a bachelor of science
or master of science degree program in radiological sciences at Midwestern
State University by instructional telecommunication shall pay resident tuition
and other fees or charges provided for Texas residents, if they began the
program of study while stationed at a military base in Texas.
(I)
Persons Eligible for Federal Education Benefits for Veterans, their Spouses and
Children. Persons eligible for benefits under the
federal Post 9/11 Veterans Educational Assistance Act of 2008 or any other
federal law authorizing educational benefits for veterans are eligible to pay
the resident tuition rate without regard to the length of time they have been
in the state, as are their spouses and children (including stepchildren), if
they meet the following conditions:
(i)
file a letter of intent with their institution to establish residency in Texas;
(ii) reside
in this state while enrolled in the institution; and,
(iii) if qualifying as a
child, be 25 years of age or younger on the first day of the term in which the
person is registering unless meeting the hardship provisions described in
clause (iv) of this subparagraph.
(iv) If the child applying for an exemption
under this provision is 25 years of age or older but can provide proof to the
institution of severe illness or other debilitating condition that affected the
person’s ability to use the benefit before reaching that age, the child’s
period of eligibility to use the waiver shall be extended for a length of time
equal to the period of illness or incapacity.
(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.
21.29. Residence Determination Official.
Each institution shall
designate an individual that is employed by the institution as a Residence Determination
Official who shall be knowledgeable of the requirements set out in these rules
and the applicable statutes.
Chart I. Affidavit. Eligible Nonimmigrants - Persons with Visas
that Allow them to Domicile in the United States.
view Chart I here
Chart II. Documentation to Support Establishing
and Maintaining Domicile in Texas
view Chart II here