Appendix
III
Rules and Regulations
for Determining Residence Status
21.21 Authority and Purpose
21.22 Definitions
21.23 Effective Date of this Subchapter
21.24 Determination of Resident Status
21.25 Information Required to Initially
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.
(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 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 for and 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.
(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 by the United States Citizenship and
Immigration Services (USCIS) showing that his or her I-485 has been reviewed
and has not been rejected.
(7)
Established a domicile in Texas — A person has established a domicile
in Texas if he or she has met the conditions shown in §21.24(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)
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.
(10)
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.
(11)
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; Sam 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, §61.003(3).
(12)
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, §61.003(8).
(14)
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 §21.24(e) of this title (relating to Determination of
Resident Status).
(15)
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.
(16)
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 §21.29 of this title (relating
to Waiver Programs for Certain Nonresident Persons).
(17)
Nontraditional secondary education — A course of study at the secondary
school level in a nonaccredited private school setting, including a home
school.
(18)
Parent — A natural or adoptive parent,
managing or possessory conservator, or legal guardian of a person. The term
does not include a step-parent.
(19)
Possessory conservator — A natural or adoptive parent appointed
by court order issued under the Texas Family Code, Title 5.
(20)
Private high school — A private or parochial school in
Texas.
(21)
Public technical institute or college
— The Lamar Institute
of Technology or any campus of the Texas State Technical College System.
(22)
Regular semester — A fall or spring semester, typically
consisting of 16 weeks.
(23)
Residence — A person's home or other dwelling
place.
(24)
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.
(25)
Resident tuition — The amount of tuition paid by a
person who qualifies as a Texas resident under this subchapter.
(26)
Temporary absence — Absence from the State of Texas with
the intention to return, generally for a period of less than five years.
(27)
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.
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 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 §21.22(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.
21.25 Information Required to Initially Establish
Resident Status.
(a) To initially establish resident status
under §21.24 of this title (relating to Determination of Resident Status):
(1) a person who qualifies for residency
under §21.24(a)(1) of this title shall provide the institution with:
(A) a completed set of Core Residency
Questions; or
(B) a copy of supporting documentation
along with a statement of the dates and length of time the person has resided
in this state, as relevant to establish resident status under this subchapter
and a statement by the person that the person's presence in this state for that
period was for the purpose of establishing and maintaining a domicile in Texas.
(2) a person who qualifies for residency
under §21.24(a)(2) or (3) of this title shall provide the institution with a
completed set of Core Residency Questions.
(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 III,
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 questions, Section H.
(c) If a person who establishes resident
status under §21.24(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 II 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.
21.26 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 Chapter 54, Subchapter B, 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.
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 §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 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 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
this paragraph 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. 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.
(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.
(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;
(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, §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.
21.30 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;
(2) and 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.
view
Chart I here
Chart II. Affidavit.
view
Chart II here
Revised Chart III.
Documentation to Support Domicile and Residency
view Chart III here