Appendix III

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 Texas Higher Education Coordinating Board.

 

(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 Texas resident. 

 

(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 United States.

 

(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 Texas resident under this subchapter.

 

(24)  Temporary absence – absence from the State of Texas with the intention to return, generally for a period of less than five years.

 

(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 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, 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 Texas is presumed if, at least 12 months prior to the census date of the semester in which he or she is to enroll, the person owns real property in Texas, owns a business in Texas, or is married to a person who has established a domicile in Texas.  Gainful employment other than work-study and other such student employment can also be a basis for establishing a domicile.

 

(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 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.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 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 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 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 a 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.

 

(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.

 

21.736.       Residence Determination Official.

 

(a)  Each institution shall designate an individual that is employed by the institution as a Residence Determination Official.

 

(b)  The Residence Determination Official shall:

(1)  be knowledgeable of the requirements set out in these rules and the applicable statutes; and

(2)  attend at least one training or workshop provided by the Coordinating Board regarding these rules and the applicable statutes in each state fiscal year.

 


Chart I.           Eligible Nonimmigrants – Persons with Visas that Allow them to Domicile in the United States

 

 

 

Visa
Type

Nonimmigrant (Temporary) Visa Categories

Eligible to Domicile in the United States?

A-1

Ambassadors, public ministers or career diplomats and their immediate family members

Yes

A-2

Other accredited officials or employees of foreign governments and their immediate family members

Yes

A-3

Personal attendants, servants or employees and their immediate family members of A-1 and A-2 visa holders

Yes

B-1

Temporary visitor for business

No

B-2

Temporary visitor for pleasure 

No

C-1

Foreign travelers in transit through the United States

No

C-1D

Combined transit and crewmen visa

No

C-2

Person in transit to UN Headquarters under §11 (3), (4), or (5) of the Headquarter Agreement.

No

C-3

Foreign government official, members of immediate family, attendant or personal employee in transit

No

C-4

Transit without Visa.  See TWOV

No

D-1

Crewmember departing on same vessel of arrival

No

D-2

Crewmember departing by means other than vessel of arrival

No

E-1

Treaty traders, spouse and children

Yes

E-2

Treaty investors, spouse and children

Yes

F-1

Academic student

No

F-2

Spouse or child of F-1

No

F-3

Academic students who are Canadian or Mexican citizens, who commute across the border to study full-time or part-time in the United States.

No**

G-1

Principal resident representative of recognized foreign member government to international organization, and members of immediate family.

Yes

G-2

Other accredited representatives of recognized foreign member governments to international organization and their immediate family members

Yes

G-3

Representatives of non-recognized or nonmember government to international organization, and members of immediate family

Yes

G-4

International organization officer or employee, and their immediate family members

Yes

G-5

Attendants, servants and personal employees of G-1, G-2, G-3 or  G-4 visa holders and their immediate family members

Yes

H-1B

Specialty Occupations, DOD workers, fashion models

Yes

H-1C

Nurses going to work for up to three years in health professional shortage areas

No

H-2A

Temporary agricultural workers

No

H-2B

Temporary workers, skilled and unskilled

No

H-3

Trainee

No

H-4

Spouse or child of H-1, H-2 or H-3 visa holders

H-4 dependents of H-1B Yes;

all other H-4 dependents, no

I

Visas for foreign media representatives

Yes

J-1

Visas for exchange visitors

No

J-2

Spouse or child of J-1 visa holders

No

K-1

Fiancé(e)

Yes

K-2

Minor child of K-1

Yes

K-3

Spouse of a U.S. citizen (LIFE Act)

Yes

K-4

Child of a K-3 (LIFE Act)

Yes

L1-A

Executive, managerial

Yes

L1-B

Specialized knowledge

Yes

L-2

Spouse or child of L-1

Yes

M-1

Vocational or other nonacademic students, other than language students

No

M-2

Immediate families of M-1 visa holders

No

M-3

Vocational students who are Canadian or Mexican citizens, who commute across the border to study full-time or part-time in the U.S.

No**

N-8

Parent of alien classified as SK-3 “Special Immigrant”

Yes

N-9

Child of N-8, SK-1, SK-2, or SK-4 “Special Immigrant”

Yes

NATO 1

Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family

Yes

NATO 2

Other representatives of Member State; Dependents of Member of a Force entering in accordance with the provisions of NATO Status-of-Forces agreement; Members of such a Force if issued visas

Yes

NATO 3

Official clerical staff accompanying Representative of Member State to NATO or immediate member

Yes

NATO 4

Official of NATO other than those qualified as NATO-1 and immediate family

Yes

NATO 5

Expert other than NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family

Yes

NATO 6

Members of civilian component who is either accompanying a Force entering in accordance with the provisions of the NATO Status-of-Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents

Yes

NATO 7

Attendants, servants or personal employees of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 or NATO-6, or immediate

Yes

O-1

Extraordinary ability in the sciences, arts, education, business,  athletics

Yes

O-2

Essential support staff of 0-1 visa holders

No

O-3

Immediate family members of 0-1 and O-2 visa holders

O-3 dependents of O-1 holders Yes;

O-3 dependents of O-2 holders, No

P-1

Individual or team athletes

No

P-2

Artists and entertainers in reciprocal exchange programs

No

P-3

Artists and entertainers in culturally unique programs

No

P-4

Spouse or child of P-1, P-2 and P-3.

No

Q-1

International cultural-exchange visitors

No

Q-2

Irish Peace Process Cultural and Training Program (Walsh Visas)

No

Q-3

Spouse or child of Q-2

No

R-1

Religious workers

Yes

R-2

Spouse or child of R-1

Yes

S-5

Informant of criminal organization information

No

S-6

Informant of terrorism information

No

T-1

Victim of a severe form of trafficking in persons

Yes

T-2

Spouse of a T-1

Yes

T-3

Child of a T-1

Yes

T-4

Parent of a T-1 visa holder (if the child is under 21 years of age)

Yes

TC

No longer issued.  TN issued in its place.

No

TD

Spouse or child accompanying TN

 

TN

Trade visas for Canadians and Mexicans in NAFTA

No

TPS

Temporary Protected Status

Yes

TWOV

Passenger or Crew

No

U-1

Victim of certain criminal activity

Yes

U-2

Spouse of a U-1

Yes

U-3

Child of a U-1

Yes

U-4

Parent of a U-1 visa holder (if the child is under 21 years of age).

Yes

V-1

Spouse of Legal Permanent Resident (LPR) who is the principal beneficiary of a family-based petition (I-130) which was filed prior to December 21, 2000, and has been pending for at least three years

Yes

V-2

Child of Legal Permanent Resident (LPR) who is the principal beneficiary of a family-based petition (I-130) which was filed prior to December 21, 2000, and has been pending for at least three years

Yes

V-3

Derivative child of a V-1 or V-2 visa holder

Yes

 

 

** Please note:  these international, commuting students may be eligible for a waiver of nonresident tuition under Texas Education Code §54.060(b).


Revised Chart II

Core Residency Questions

 

Texas Higher Education Coordinating Board rule 21.731 requires each student applying to enroll at an institution to respond to a set of core residency questions for the purpose of determining the student’s eligibility for classification as a resident. 

    

PART A.    Student Basic Information.  All Students must complete this section.

 

Name:                                                                         Student ID Number:                           

                                     

Date of Birth:                                                        

      

 

PART B.    Previous Enrollment.  For all students.

 

1.  During the 12 months prior to the term for which you are applying, did you attend a public college or university in Texas in a fall or spring term?

               Yes              No  ___

              

               If you answered “no”, please continue to Part C.

               If you answered “yes”, complete questions 2-5:

 

2.  What Texas public institution did you last attend?  (Give full name, not just initials.)   _________________________________________________

 

3.  In which terms were you last enrolled? (check all that apply)

               ___  fall, 200__                     ___  spring, 200__

 

4.  During your last semester at a Texas public institution, did you pay resident (in-state) or nonresident (out-of-state)?

               ___ resident (in-state)      ___ nonresident (out-of-state)                         ___ unknown   

 

5.  If you paid in-state tuition at your last institution, was it because you were classified as a resident or because you were a nonresident who received a waiver?

               ___ resident                          ___ nonresident with a waiver                       ___ unknown

 

IMPORTANT:  If you were enrolled at a Texas public institution during a fall or spring semester within the previous 12 months and were classified as a Texas resident, skip to Part I, sign and date this form and submit it to your institution.  If you were not enrolled, or if you were enrolled but classified as a nonresident, proceed to Part C.

 

 

PART C.    Residency Claim. 

 

Are you a resident of Texas?  Yes            No  ___

            If you answered yes, continue to Part D.

            If you answered no, complete the following question and continue to Part I.

                        Of what state or country are you a resident? __________________

            If you are uncertain, continue to Part D.

 


PART D.  Acquisition of High School Diploma or GED. 

 

 

Yes

No

1. a.  Did you graduate from high school or complete a GED in TX?

 

 

1. b.  If you graduated from high school, what was the name and city of the school?

 

2.  Did you live in TX the 36 months leading up to high school graduation or completion of the GED?

 

 

3.  When you begin the semester for which you are applying, will you have lived in TX for the previous 12 months?

 

 

4.  Are you a U.S. Citizen or Permanent Resident?

 

 

 

Instructions to Part D.:

¨       If you answered “no” to question 1a or 2 or 3, continue to Part E.

¨       If you answered “yes” to all four questions, skip to Part I.

¨       If you answered “yes” to questions 1, 2 and 3, but “no” to question 4,

complete a copy of the Affidavit in Chart III, provided as an Attachment to this form, skip to Part I of this form, and submit both this form and the affidavit to your institution.

 

PART E.  Basis of Claim to Residency.  TO BE COMPLETED BY EVERYONE WHO DID NOT ANSWER “YES” TO QUESTIONS 1a, 2, AND 3 OF PART D. 

 

1.  Do you file your own federal income tax as an independent tax payer?   Yes___            No ___

 

2.  Are you claimed as a dependent or are you eligible to be claimed as a dependent by a parent or court-appointed legal guardian? Yes___    No ___ 

(To be eligible to be claimed as a dependent, your parent or legal guardian must provide at least one half of your support.  A step-parent does not qualify as a parent if he/she has not adopted the student.)

 

3.  If you answered “No” to both questions above, who provides the majority of your support?

            Self___            parent or guardian___ other:  (list)______________________

 

Instructions to Part E. 

¨       If you answered “yes” to question 1, continue to Part F.

¨       If you answered “yes” to question 2, skip to Part G.

¨       If you answered “no” to 1 and 2 and “self” to question 3, continue to Part F.

¨       If you answered “no” to 1 and 2 and “parent or guardian” to question 3, skip to Part G.

¨       If you answered “no” to 1 and 2 and “other” to question 3, skip to Part H and provide an explanation, and complete Part I.

 


PART F.  Questions for students who answered “Yes” to Question 1 or “Self” to Question 3 of PART E.

 

Yes

No

Years

Mo.

Visa/Status

 

1.  Are you a U.S. Citizen?

 

 

 

 

 

 

2.  Are you a Permanent Resident of the U.S.?

 

 

 

 

 

 

3.  Are you a foreign national whose application for Permanent Resident Status has been preliminarily reviewed? (You should have received a fee/filing receipt or Notice of Action (I-797) from USCIS showing your I-485 has been reviewed and has not been rejected).

 

 

 

 

 

 

4.  Are you a foreign national here with a visa or are you a Refugee, Asylee, Parolee or here under Temporary Protective Status?  If so, indicate which.

 

 

 

 

 

 

5.  Do you currently live in Texas?  If you are out of state due to a temporary assignment by your employer or other temporary purpose, please explain in Part H.

Yes

No

 

 

 

 

6.  a.  If you currently live in Texas, how long have you been living here?

 

     b.  What is your main purpose for being in the state?  If for reasons other than those listed, give an explanation in Section H.

 

 

Months

Years

 

 

Go to College

[   ]

Establish/maintain a home

[   ]

Work Assignment

[   ]

 

7.  If you are a member of the U.S. military,

is Texas your Home of Record? 

What state is listed as your military legal residence for tax purposes on your Leave and Earnings Statement?

Yes

No

 

 

 

 

State

 

 

 

 

 

Yes

No

 

8.  Do any of the following apply to you? (Check all that apply)

a.  Hold the title to real property (home, land) in Texas?

If yes, date acquired: ________________________

 

b.  Own a business in Texas?

If yes, date acquired: ________________________

 

c.Hold a state or local license to conduct a business or practice a profession in TX?

If yes, date acquired: ________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.  For the past 12 months, have you: (Check all that apply) 

a. been gainfully employed in TX?

 

b.  received services from a social service agency that provides services to homeless persons?

 

 

 

 

 

 

10.  Are you married to a person who could answer “yes” to any part of question 8 or 9?

a..  If yes, indicate which question could be answered yes by your spouse:

 

b.  How long have you been married to the Texas resident?

 

 

Question:

Months

Years

Skip Part G and Continue to Part H.


PART G.  Questions for students who answered “Parent” or “Legal Guardian” to Question 3 of PART E.

 

Yes

No

Years

Mo.

Visa/Status

1.  Is the parent or legal guardian upon whom you base your claim of residency a U.S. citizen?

 

 

 

 

 

2.  Is the parent or legal guardian upon whom you base your claim of residency a Permanent Resident?

 

 

 

 

 

3.  Is this parent or legal guardian a foreign national whose application for Permanent Resident Status has been preliminarily reviewed?  (He or she should have received a fee/filing receipt or Notice of Action (I-797) from the USCIS showing his or her I-485 has been reviewed and has not been rejected)

 

 

 

 

 

4.  Is this parent or legal guardian a foreign national here with a visa or a Refugee, Asylee, Parolee or here under Temporary Protective Status?  If so, indicate which.

 

 

 

 

 

5.  Does this parent or legal guardian currently live in Texas?  If he or she is out of state due to a temporary assignment by his/her employer or other temporary purpose, please explain in Part H.

 

 

 

 

 

6.  a.  If he or she is currently living in Texas, how long has he or she been living here?

 

    b.  What is your parent’s or legal guardian’s main purpose for being in the state?  If for reasons other than those listed, give an explanation in Section H.

 

 

Months

Years

 

Go to College

[   ]

Establish/maintain a home

[   ]

Work Assignment

[   ]

7.  If he or she is a member of the U.S. military,

is Texas his or her Home of Record? 

What state is listed as his or her military legal residence for tax purposes on his or her Leave and Earnings Statement?

 

 

 

 

 

 

 

State

 

 

 

 

 

Yes

No

8.  Do any of the following apply to your parent or guardian?

    (Check all that apply)

a.  Hold the title to real property (home, land) in Texas?

If yes, date acquired: ________________________

b.  Own a business in Texas?

If yes, date acquired: ________________________

c.   Hold a state or local license to conduct a business or practice a profession in TX?

If yes, date acquired: ________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

9.  For the past 12 months, has your parent or guardian: (Check all that apply) 

a. been gainfully employed in TX?

 

b.  received services from a social service agency that provides services to homeless persons?

 

 

 

 

10.  Is your parent or legal guardian married to a person who could answer “yes” to any part of question 8 or 9?

a.  If yes, indicate which question could be answered yes by your parent or guardian’s spouse:

b.  How long has your parent or guardian been married to the Texas resident?

 

 

Question:

Months

Years

Part H.  General Comments.  Is there any additional information that you believe your college should know in evaluating your eligibility to be classified as a resident?  If so, please provide it below:

 

 

PART I.   Certification of Residency.  All students must complete this section.

 

I understand that officials of my college/university will use the information submitted on this form to determine my status for residency eligibility.  I authorize the college/ university to verify the information I have provided.  I agree to notify the proper officials of the institution of any changes in the information provided.  I certify that the information on this application is complete and correct and I understand that the submission of false information is grounds for rejection of my application, withdrawal of any offer of acceptance, cancellation of enrollment and/or appropriate disciplinary action.

 

Signature:                                                  ________              Date:  ________________

 

Chart III

 

AFFIDAVIT

 

STATE OF TEXAS                                        §

                                                                        §

COUNTY OF ________________                 §

 

 

Before me, the undersigned Notary Public, on this day personally appeared __________________________________________________________________,

 

known to me, who being by me duly sworn upon his/her oath, deposed and said:

 

1.  My name is ________________________________________________________.               I am ___ years of age and have personal knowledge of the facts stated herein and they are all true and correct.

 

2.  I graduated or will graduate from a Texas high school or received my GED certificate in Texas.

 

3.  I resided in Texas for three years leading up to graduation from high school or receiving my GED certificate.

 

4.  I have resided or will have resided in Texas for the 12 months prior the census date of the semester in which I will enroll in ___________________________________ (college/university).

 

5. I have filed or will file an application to become a permanent resident at the earliest opportunity that I am eligible to do so.

 

In witness whereof, this ____________day of _______________________, _________.

 

___________________________________

                                                                        (Signature)

 

                                                                        _________________________________

                                                                        (Printed Name)

 

___________________________________

                                                                        (Student I.D.#)

 

 

SUBCRIBED TO AND SWORN TO BEFORE ME, on the ___________________ day of

________________________________________, ___________________________, to certify which witness my hand and official seal.

 

__________________________________

                                                                        Notary Public in and for the State of Texas


Revised Chart IV

Documentation to Support Domicile and Residency

 

 

The following documentation may be requested by the institution in order to resolve issues raised by responses to the Core Residency Questions.  The listed documents may be used to establish that the person is domiciled in Texas and has maintained a residence in Texas continuously for 12 months prior to the census date. 

 

Part A

Documentation that can Support the Establishment of a Domicile

and Demonstrate the Maintenance of a Residence in Texas

for the 12 Months Prior to the Census Date of the Term in Which the Person Enrolls

 

1.  An employer’s statement of dates of employment (beginning and current or ending dates) that encompass at least 12 months.  Other documents that show the person has been engaged in 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) may also be used, as well as documents that show the person is self-employed, employed as a homemaker, or is living off his/her earnings, or through public assistance.  Student employment, such as work-study, the receipt of stipends, fellowships or research or teaching assistanceships do not qualify as a basis for establishing a domicile.

 

2.  For a homeless person, written statements from the office of one or more social service agencies located in Texas that attests to the provision of services to the homeless person for the 12 months prior to the census date of the term in which the person enrolls.

 

 

Part B

Documentation, which (if accomplished and maintained for the 12 months prior to the census date of the term in which the person enrolls and if accompanied by at least ONE type of document listed in Part C), can Support the Establishment of a Domicile and Demonstrate the Maintenance of a Residence in Texas for 12 Months

 

1.  Title to real property in Texas

 

2.  Marriage Certificate with documentation to support that spouse is a domiciliary of Texas

 

3.  Ownership of business in Texas with documents that evidence the organization or the business as a partnership or corporation and reflect the ownership interest of the person or dependent’s parent.

 

4.  State or local licenses to conduct a business or practice a profession in this state.

 

 

 


 

Part C

Documents that May be Used to Demonstrate

Maintenance of a Residence for 12 Months

 

These documents do not show the establishment of a domicile.  They only support a person’s claim to have resided in the state for at least 12 months.  Activities in Part A and B of this Chart may be used to establish a domicile.

 

1.  Utility bills for the 12 months preceding the census date;

 

2.  A Texas high school transcript for full senior year preceding the census date;

 

3.  A transcript from a Texas institution showing presence in the state for the 12 months preceding the census date;

 

4.  A Texas driver’s license or Texas ID card with an expiration date of not more than four years;

 

5.  Cancelled checks that reflect a Texas residence for the 12 months preceding the census date;

 

6.  A current credit report that documents the length and place of residence of the person or the dependent’s parent.

 

7.  Texas voter registration card that has not expired.

 

8.  Pay stubs for the 12 months preceding the census date;

 

9.  Bank statements reflecting a Texas address for the 12 months preceding the census date;

 

10.  Ownership of real property with copies of utility bills for the 12 months preceding the census date.

 

11.  Registration or verification from licensor, showing Texas address for licensee;

 

12.  Written statements from the office of one or more social service agencies, attesting to the provision of services for at least the 12 months preceding the census date.

 

13.  Lease or rental of real property, other than campus housing, in the name of the person or the dependent’s parent for the 12 months preceding the census date.