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Appendix III

Rules and Regulations for Determining Residence Status

(Texas Administrative Code, Title 19, Chapter 21, Subchapter B, Sections 21.21-21. 27)

Section
21.21. Authority.
21.22. Scope
21.23. Purpose
21.24. Definitions
21.25. Basic Rules
21.26. Transition from Dependent to Independent Status
21.27. Procedures
21.28. Exceptions
21.29. Transition from Waiver Recipient to Resident

21.21. Authority

Section 54.053 of the Texas Education Code states that the governing board of each institution is subject to the rules and interpretations issued by the Coordinating Board.

21.22. Scope.

The rules set forth in this subchapter are applicable to determining residency for students attending any Texas public institution of higher education. In addition, they govern the determination of residency for state financial aid programs that include Texas residency as an eligibility criterion.

21.23. Purpose

The purpose of this Subchapter is to provide guidance to residency determination officials and increase consistency in decisions.

21.24. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Bona Fide Texas Resident. See Resident.

(2) Competitive Scholarship. A scholarship that is publicized in the school’s catalog open to both residents and nonresidents, that is designated as competitive by the institution, and whose sum either singularly or in combination with other competitive scholarships totals enough to be a basis for the waiver of nonresident tuition charges.

(3) Conclusive Evidence. Proof that removes uncertainties. In the case of proving residency, conclusive evidence may include but is not limited to the purchase of a homestead with substantial down-payment, significant employment, and business or personal ties in the state that imply a fixed intent to remain in Texas.

(4) Dependent. An individual (minor or 18 years of age or older) who will be claimed as a dependent for federal income tax purposes by a parent or court-appointed legal guardian the year of enrollment and was claimed in the tax year prior to enrollment.

(5) Domicile in Texas. Physically residing in Texas for at least 12 consecutive months with the intent to make Texas one’s permanent home. The burden of proof that a domicile has been established lies with the student.

(A) Documenting 12 Months. Among the documents that may be used to prove 12 months’ presence in Texas are:

(i) A Texas high school transcript for the full senior year immediately preceding the full semester enrolled;

(ii) A Texas college or university transcript (in conjunction with other documents from the institution);

(iii) An employer’s statement of date of employment;

(iv) A permanent driver’s license (at least 1 year old). The license expiration date minus date of enrollment should not exceed three years;

(v) Texas voter registration;

(vi) Lease agreement that includes student’s name and period covered;

(vii) Property tax payments for the year preceding enrollment;

(viii) Cancelled checks;

(ix) Utility bills for the year preceding enrollment;

(x) A signed, dated and notarized comprehensive residence questionnaire;

(xi) An income tax form or (if current year federal tax form has not been filed) a signed notarized statement regarding the student’s independence or regarding the individual(s) who claim the student as a dependent;

(xii) A current credit report that documents the student’s length and place of residence;

(xiii) Other third party documentation that confirms residency status for the 12-month period preceding enrollment;

(xiv) For a homeless individual, documentation may consist of written statements from the office of one or more legitimate social service agencies located in Texas, attesting to the provision of services to the individual over the previous 12-month period.

(B) Documenting a Domicile. Material to the determination of the establishment of a domicile in Texas are business or personal facts including, but not limited to:

(i) The length of residence and employment prior to enrolling in college;

(ii) The nature of employment while a student;

(iii) Physical presence in Texas as a part of a household transferred to the state by an employer (other than the U.S. Armed Forces or Public Health Service) or as part of a household moved to the state to accept employment; and

(iv) Purchase of a homestead.

(6) Foreign Students. Individuals from other countries than the United States who are not U.S. citizens or permanent residents of this country and are not permitted by Congress to adopt the United States as their domicile while they are in this country.

(7) Gainful Employment. Lawful activities intended to provide an income to the individual or allow an individual 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 tuition purposes, (as may an individual whose primary support is the government for instance through a public assistance program).

(8) Homeless Individual. A homeless individual is defined by 42 U.S.C. Section 11302 including,

(A) an individual who lacks a fixed, regular, and adequate nighttime residence; and

(B) an individual who has a primary nighttime residence that is:

(i) a supervised publicly or privately operated shelter designed to provide temporary living accommodations;

(ii) an institution that provides temporary residence for individuals intended to be institutionalized; or

(iii) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(C) See Section 21.28(b)(5) of this title (relating to Homeless Individual).

(9) Independent Student. A student 18 years of age or older or an emancipated minor who is not claimed by a parent or a legal guardian as a dependent for federal income tax purposes during the tax year including the enrollment period.

(10) Minor. An individual who is 17 years of age or younger.

(11) Nonresident. A citizen, national or permanent resident of the United States or an alien who has been permitted by Congress to adopt the United States as his or her domicile while in this country, who has not met the state requirements for establishing residency for tuition purposes.

(12) Official Census Date. The official reporting date for enrollments; the date upon which the student (by virtue of having obligated him/herself to pay requisite tuition and/or fees) is considered to be enrolled in the institution. (For 16-week semesters, the 12th class day; for 6-week summer sessions, the 4th class day.)

(13) Prior to Enrolling. Prior to and/or including the official census date.

(14) Public Institution of Higher Education. State-supported institutions of higher education, including public community colleges, state colleges, universities, health-related institutions, and technical colleges.

(15) Resident. A citizen, national or permanent resident of the United States or an alien who has been permitted by Congress to adopt the United States as his or her domicile while in this country, who has established a domicile in the state of Texas.

(16) Time of Enrollment. The end of working hours on the official census date for the semester or term for that institution.

(17) U.S. Armed Forces. A person who is an officer, enlisted person, selectee, or draftee of the Army, Army Reserve, Air Force, Air Force Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard Reserves of the United States. Members of the Army and Air National Guard may not qualify for every program directed at members of the U.S. Armed Forces. Where a rule does not explicitly include them, members of the Army or Air National Guard, or spouses and dependents of those members, should present documentation from an appropriately authorized officer that indicates that the individual was acting as a component of the Army or Air Force for the relevant time period.

21.25. Basic Rules

(a) Minors and Dependents. For a dependent of minor to acquire Texas residency through a parent or court-appointed legal guardian, the parent or legal guardian must meet residency requirements for individuals 18 years of age or older and the dependent or minor must be eligible to domicile in the United States. Residency of an eligible dependent or minor is based on one of the following circumstances:

(1) The residence of the parent who has claimed the dependent for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment; or

(2) The residence of the parent or court-appointed legal guardian with whom the dependent or minor has physically resided for the 12 months prior to enrollment; or

(3) The residence of the person to whom custody was granted by court order (e.g., divorce decree, child custody actions, guardianship or adoption proceedings), provided custody was granted at least 12 months prior to the student’s enrollment and was not granted for the purpose of obtaining status as a resident student.

(4) See 21.28(a) of this title (relating to Exceptions).

(b) Independent Individuals 18 or Older. Independent individuals 18 years of age or older who are gainfully employed in the state for a period of 12 months prior to enrollment are entitled to classification as residents. Students registering in an institution of higher education prior to having physically resided in the state for the 12 months prior to enrollment shall be classified as nonresidents for tuition purposes during that term. Accumulations of summer and other vacation periods do not satisfy the employment requirement. Employment while enrolled in college during a 12-month period can be a basis of reclassification as a resident at the end of that period if other evidence indicates the student has established a domicile in Texas. See 21.28(b) of this title (relating to Exceptions).

(c) Military Personnel. Members of the U.S. Armed Forces and commissioned Public Health Service Officers are presumed to maintain the same domicile that was in effect at the time of entering the service during their entire period of active service. They are presumed not to establish a domicile in other states in which they are assigned duty because their presence is not voluntary but under U.S. military or Public Health Service orders. See 21.28(b)(13) of this title (relating to Exceptions).

(d) Foreign Students. Foreign individuals living in this country under a visa permitting permanent residence, or who are permitted by Congress to adopt the United States as their domicile, or who meet Coordinating Board policy requirements for being treated as permanent residents, have the same privilege of qualifying for Texas resident status for tuition purposes as do citizens of the United States. A list of eligible visas, along with a discussion of eligible applicants for permanent resident status, is available through the Coordinating Board web site at http://www.thecb.state.tx.us/. If an individual provides proof from the Department of Justice or Immigration and Naturalization Service that the visa he/she holds has been granted eligibility to establish a domicile in the United States, such individuals may be granted the same privileges in establishing Texas residency for tuition purposes.

(e) Married Students. Marriage of a Texas resident to a nonresident does not jeopardize the Texas resident’s claim to residency. A nonresident who marries a resident of Texas must establish his or her own residency by meeting the standard requirements of an independent individual 18 years of age or older.

(f) Federal Employees Other Than Member of the U.S. Armed Forces or Public Health Service. The state has no special provisions for determining the residence of federal employees other than members of the U.S. Armed Forced or Public Health Service. Therefore, such persons (including civilian employees of the U.S. Armed Forces) must meet the basic residency requirements for non-military personnel.

(g) Short-Term Stop-Out Students. If the institution has documentation of residence on file when a dependent or independent student returns after being out of school for 12 months or less, it may continue the student’s classification as resident upon confirmation from the student that his or her parents or court-appointed legal guardians (in the case of a dependent student) or the student him/herself (in the case of an independent student) have not changed their state of residence since the student’s last enrollment.

(h) Persons Temporarily Absent from the State. Residents who move out of state should be classified as nonresidents upon leaving the state, unless their move is temporary and residence has not been established elsewhere.

(1) Persons who were residents of Texas for at least five years prior to moving from the state, and who return to the state to re-establish their home, having been gone less than a year, are still Texas residents.

(2) Students or parents or court-appointed legal guardians (in the case of dependent students) who are temporarily (generally less than five years) assigned to work outside the state may continue to claim residency in Texas if they provide conclusive evidence of their intent at the time they leave the state to return. Among other things, a letter from an employer that the move outside the state is temporary and that a definite future date has been determined for return to Texas may qualify as proof that the temporary nature of the time spent out of state. Out-of-state internships that are part of the academic curriculum and that require the student to return to the school are temporary relocations and do not jeopardize a student’s claim to residency.

21.26. Residency During the Transition from Dependent to Independent Status

(a) When Parents or Legal Guardians and Student Remain in Texas. If the resident parents or court-appointed legal guardians of a dependent student eligible to domicile in the United States cease claiming the minor as a dependent for federal income tax purposes, but remain in Texas and the minor remains in Texas, the minor is a resident.

(b) When the Parents Move Out of State.

(1) If the Parents or Legal Guardians Continue to Claim the Student as a Dependent. If the resident parents or court-appointed legal guardians of a dependent student move out of state and continue to claim the student as a dependent, the student becomes a resident of the state in which the parents or legal guardians reside. Even if he or she remains in Texas, the student will not be eligible to establish residence in Texas on his/her own until the student is 18 years of age or older, at least 12 months have passed since the parents last claimed him/her as a dependent for federal income tax purposes and the student has established a domicile in the state of Texas. See Section 21.28(b)(6) of this title (relating to Exceptions) for information about a waiver for students enrolled in a public college prior to the parents’ or legal guardians’ move out of state.

(2) If the Minor is an Abandoned or Emancipated Child. If the resident parents or court-appointed legal guardians of a minor move out of state and the minor remains in Texas, the minor may be classified as a resident only if he or she meets the qualifications for being an abandoned child or emancipated child. See Sections 21.28(a)(1) and 21.28(a)(3) of this title (relating to Exceptions).

(c) If the resident parents or court-appointed legal guardians of an individual 18 years of age or older move out of state but the student remains, and the parents provide the student’s institution of higher education a letter indicating they will not claim the student as a dependent for federal tax purposes for the current tax years, the student retains his/her residency.

21.27. Procedures

(a) Core Questions. Each public institution is responsible for incorporating core residency questions into its student admissions process. The Coordinating Board, with advice from the institutions, shall develop the required core questions. Answers to the questions should be reviewed to determine each student’s proper residency classification. If answers affirm the student’s claim to residency, the core questions are sufficient for documenting the student’s classification. However, if the student’s answers to the core questions are inconsistent, the institution must acquire and maintain appropriate documents to support the student’s classification as of the census date of the relevant term.

(b) Reclassification.

(1) Procedures. Students classified as nonresident students shall be considered to retain that status until they apply for reclassification in the form prescribed by the institution and are officially reclassified as residents for tuition purposes by the proper administrative officers of the institution. Application for reclassification must be submitted prior to the official census date of the relevant term. Reclassification as residents must be made in keeping with Section 21.25 of this title (relating to Basic Rules).

(2) Student Responsibilities. The student is responsible for registering under the proper residence classification and for providing documentation as required by the public institution. If there is any question as to the right to classification as a resident of Texas it is the student’s obligation, prior to or at the time of enrollment, to raise the question with the administrative officials of the institution for official determination. Students classified as Texas residents must affirm the correctness of that classification by signing an oath of residency as a part of the admissions process. If the student’s classification as a resident becomes inappropriate for any reason, it is the responsibility of the student to notify the proper administrative officials at the institution. Failure to notify the institution constitutes a violation of the oath of residency and shall result in disciplinary action by the institution.

(c) Student Intent. If a student’s residence in Texas is primarily for the purpose of education and not to establish a domicile, the student shall be classified as a nonresident. The following persons are NOT considered to have come here for the purpose of education: the spouse or dependent child of an individual transferred here by the U.S. Armed Forces, through the state’s plan for economic development and diversification, or as a part of a household moved to the state to accept employment. Therefore, once such individuals have physically resided in Texas for 12 consecutive months, even though they may have been enrolled full-time, they may be considered residents if they have otherwise established a domicile in the state.

(d) Institution Responsibilities. Each institution is responsible for incorporating the core questions and an oath of residency into its student admissions process. It is also responsible for reviewing enrollment and/or registration applications for errors, inconsistencies or misclassifications of residency status on file.

(1) If students who have been classified as residents of Texas are found to have been erroneously classified, those students shall be reclassified as nonresidents and shall be required to pay the difference between the resident and nonresident tuition for those semesters in which they were so erroneously classified.

(2) If it is found that students have been erroneously classified as nonresidents, they shall be reclassified as residents and may be entitled to a refund of the difference between the resident and nonresident fees for the semesters in which they were so erroneously classified. Normally, the refunds must be requested and substantiated during the current term.

(e) Penalties. Each institution has been authorized by statute to assess and collect from nonresident students failing to comply with the provisions of tuition statutes and the rules of this title a fee not to exceed $10 a semester.

(1) If students have obtained residence classification by concealing or misrepresenting facts, they may be subject to disciplinary action in keeping with procedures adopted by the governing boards of their institutions.

(2) If it is determined that the student has obtained resident classification by concealing or misrepresenting information, the student shall, not later than 30 days after the date the individual is notified of the determination, pay to the institution the amount the individual should have paid as a nonresident.

(3) If the individual fails to make a timely payment as required, the individual is not entitled to receive a transcript or to receive credit for courses taken during the time the individual was falsely registered as a resident student.

(f) Appeals to the Coordinating Board. If two or more Texas public institutions determine a different residency status for members of the same family with identical evidence of residency currently enrolled at each institution, the family members may appeal the unfavorable decision to the Commissioner of Higher Education. Before making an appeal to the Commissioner, the student classified as a nonresident must exhaust all appeal processes available at the institutional level. A decision by the Commissioner for one family member’s residency status will apply to all family members with identical evidence of residency.

21.28. Exceptions

(a) Special Conditions for Minors or Dependents.

(1) Abandoned Child. In the case of an abandoned child, the residence of a person who has stood in loco parentis for a period of time may determine the residence. The fact of abandonment must be clearly established and must not have been for the purpose of effecting the residence of the minor. The minor must have actually resided in the home of such person for two years immediately prior to enrolling in a Texas public institution of higher education and such person must have provided substantially all the minor’s support. In the event that the in loco parentis relationship has not existed for the full two year period, a shorter period of time is acceptable in unusual hardship cases, such as death of both parents.

(2) Orphans. A public institution of higher education shall classify orphans as residents if the orphans graduated from established orphans homes in Texas operated by a fraternal, religious or civic organization after living there for at least a year, and resided in Texas from the time they graduated from the home until they enrolled in the institution.

(3) Emancipated Minors. A minor who has been legally emancipated may establish his or her claim to residency following the rules applicable to independent individuals 18 years of age or older.

(4) Married Minors. Minors who are married may establish their own claim to residency following the rules applicable to independent individuals 18 years of age or older.

(b) Waivers that Allow Nonresidents to Register While Paying the Resident Tuition Rate.

(1) Economic Development and Diversification. Nonresidents, (including citizens and permanent residents of the US and foreign students eligible to domicile in the United States, but excluding foreign students ineligible to domicile in the U.S.) whose families have been transferred to Texas by a company in keeping with the state’s Economic Development and Diversification Program are entitled (although still nonresidents) to pay the resident tuition rate as soon as they move to Texas if they provide the college a letter of intent to establish Texas as their home. If a semester begins before the rest of the family moves to the state, the student may register and pay the resident tuition rate if he/she provides the college a letter from the company, indicating the family will move to Texas prior to the end of the given semester. However, in order to pay resident tuition for a second semester, the student will have to give the college a letter from the company, indicating the family has, indeed, moved to Texas. After the family has resided in Texas 12 months, the student is eligible to apply for reclassification as a resident. A current list of eligible companies is maintained on the Coordinating Board web site at http://www.collegefortexans.com/.

(2) Teachers, Professors, their Spouses and Dependents. Nonresidents (including citizens and permanent residents of the U.S. and all foreign students) employed as teachers and professors at least half time on a regular monthly salary basis (not as hourly employees) by public institutions of higher education in Texas are entitled to pay the resident tuition rate at any public institution of higher education in the state for themselves, their spouses and children regardless of how long they have lived in the state. It is the intent of this rule that the employment and waiver last for the same period of time. If the spouse or children attend an institution other than the one employing the teacher or professor, they must provide proof of his or her current employment to the college they attend.

(3) Research and Teaching Assistants, their Spouses and Dependents. Nonresidents (including citizens and permanent residents of the U.S. and all foreign students) employed by public institutions of higher education as research or teaching assistants on at least a half-time basis in a position related to their degree programs are entitled to pay the resident tuition rate at any public institution of higher education in the state for themselves, their spouses and children regardless of how long they have lived in the state. The institutions that employ the students shall determine whether or not the students’ jobs relate to their degree programs. It is the intent of this rule that the employment and waiver last for the same period of time. If the spouse or children attend an institution other than the one employing the research or teaching assistant, they must provide proof of his or her current employment to the college they attend.

(4) Competitive Scholarship Recipients.

(A) Nonresidents (including citizens and permanent residents of the U.S. and all foreign students) who receive eligible competitive scholarships from their institutions totaling at least $1000 may be granted a waiver of nonresident tuition for the period of time covered by the scholarship, not to exceed 12 months.

(B) To be eligible as the basis of a waiver, the scholarship(s) must meet the following criteria:

(i) be granted by a scholarship committee authorized in writing by the institution’s administration to grant scholarships that hold the waiver option;

(ii) be granted in keeping with criteria published in the institution’s catalog, available to the public in advance of any application deadline;

(iii) be granted under circumstances that cause both the funds and the selection process to be under the control of the institution;

(iv) be open to both resident and nonresident students.

(C) A waiver based on a competitive scholarship lasts for the period of the scholarship (up to a 12-month period). The scholarship award must specify the term or terms in which the scholarship will be in effect. If the scholarship is terminated, so is the waiver. If the scholarship is to be issued in multiple disbursements and less than $1000 is issued when a scholarship is terminated, the student does not owe a refund for the tuition that has been waived, since the waiver was originally made in a good faith expectation of a scholarship of at least $1000, but the waiver is canceled for the terms for which the scholarship is canceled.

(D) The total number of students receiving waivers on the basis of competitive scholarships in any given term may not exceed 5% of the students enrolled in the same semester in the prior year.

(E) 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 student 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 schools awards the student a competitive scholarship-based waiver, the student is also entitled to a waiver at the second institution.

(F) If a nonresident or foreign student holds a competitive academic scholarship or stipend and 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) Homeless Individuals. A homeless individual who resides in Texas for the 12-month period immediately preceding the date of registration, but who does not have a permanent residence in Texas, may enroll in vocational education courses at a public junior college by paying the resident tuition rate. Documentation for a homeless individual may consist of written statements from the office of one or more legitimate social service agencies located in Texas, attesting to the provision of services to the homeless individual over the previous 12-month period.

(6) Minors or Dependents Enrolled before the Parents Move out of State. If a resident minor or dependent is enrolled in a public institution of higher education in Texas when the parents move out of state, the minor or dependent is eligible, although now a nonresident, to continue paying the resident tuition rate as long as he or she continues to enroll in Texas public institutions in the following fall and spring semesters. Vacation time spent with the parents does not jeopardize the students’ eligibility for this waiver. The dependent or minor students must enroll for the next available fall or spring semester immediately following the parents’ change of residence to another state.

(7) Lowered Tuition for Individuals from Bordering States or Mexico.

(A) Based on Reciprocity. Waivers of nonresident tuition made through each of the following three programs for students from states neighboring Texas must be based on reciprocity. In other words, the Texas institution cannot lower tuition for incoming students unless it has on file a current written agreement with a similar school in the other state, to lower tuition for Texas students attending there. A participating Texas institution is required to file a copy of such agreements with the Coordinating Board. To be valid, the agreements may not be more than 2 years old. The amount charged in-coming nonresident students through these programs may not be less than the Texas resident tuition rate.

(i) New Mexico, Oklahoma, Arkansas or Louisiana students may pay a lowered nonresident tuition when they attend Texas A&M-Texarkana, Lamar-Port Arthur, Lamar-Orange or any public community or technical college located in a county adjacent to their home state, if the institution they attend has a current reciprocal agreement with a similar institution in the student’s home state.

(ii) New Mexico and Oklahoma students may pay a lowered nonresident tuition when they attend a public technical college located within 100 miles of the border of their home state, if the institution they attend has a current reciprocal agreement with a similar institution in the student’s home state.

(iii) Students from counties or parishes of New Mexico, Oklahoma, Arkansas or Louisiana adjacent to Texas may pay a lowered nonresident tuition when they attend any public institution in Texas, if the institution has a current reciprocal agreement with a similar institution in the student’s home state.

(B) Programs that do not Require Reciprocity.

(i) Undergraduate students from New Mexico, Oklahoma, Arkansas, Louisiana or other states within 135 miles of the Texas border may pay a lowered nonresident tuition when they attend a public university located within 100 miles of the Texas border if the Coordinating Board has approved the institution to participate in the program.

(ii) New Mexico, Oklahoma, Arkansas or Louisiana students who have graduated or completed 45 semester credit hours while enrolled on a reciprocal basis through Texarkana College may pay the resident tuition rate if they attend Texas A&M-Texarkana.

(C) Programs for Residents of Mexico.

(i) Residents of Mexico are those individuals who currently live in Mexico and individuals who are living outside of Mexico temporarily and with definite plans to return. Students planning to stay in the United States indefinitely are not residents of Mexico.

(ii) An unlimited number of residents of Mexico who have financial need may attend a public university or TSTC campus located in a county adjacent to Mexico, TAMU-Corpus Christi, TAMU-Kingsville, or Texas Southmost College while paying the resident tuition rate.

(iii) A limited number of residents of Mexico who have financial need may attend a public university located in counties away from the Mexico border while paying the resident tuition rate. The program is limited to the greater of two students per 1000 enrollment, or 10 students.

(iv) A resident of Mexico with financial need may register in courses that are part of a graduate degree program in public health conducted in a county immediately adjacent to Mexico and pay the resident tuition rate.

(D) Students who Move to Texas from Bordering States. If a dependent student’s family or an independent student from a bordering state moves to Texas after the student has received a waiver of nonresident tuition based on reciprocity as described in this section, the student is eligible for a continued waiver for the 12-month period after the relocation to Texas. After that time, however, the student shall be reclassified as a nonresident unless he or she applies for reclassification and proves he or she has become a resident in keeping with these rules.

(8) Beneficiaries of the Texas Tomorrow Fund. The tuition and required fees charged by an institution of higher education for semester hours and fees that are paid for by a prepaid tuition contract shall be determined as if the beneficiary of that contract is a resident student. If a student is a nonresident, any tuition and fees not paid by the contract will be assessed at the nonresident rate.

(9) Inmates of the Texas Department of Criminal Justice. All inmates of the Texas Department of Criminal Justice are Texas residents for tuition purposes only

(10) Inmates of Federal Prisons. Nonresidents incarcerated in federal prisons located in Texas shall be classified as nonresidents. If, however, such a prisoner files an affidavit with a proper prison authority or institution of higher education, indicating an intention to establish residency in Texas, such residency shall be granted 12 months from the date of the affidavit and shall continue after the prisoner’s discharge if he or she remains in Texas.

(11) Foreign Service Officers. A Foreign Service officer employed by the U.S. Department of State and enrolled in an institution of higher education is entitled to pay resident tuition and fees if the person is assigned to an office of the department of state that is located in Mexico.

(12) Registered Nurses in Postgraduate Nursing Degree Programs. An institution of higher education may permit a registered nurse authorized to practice professional nursing in Texas to register by paying resident tuition and fees without regard to the length of time the registered nurse has resided in Texas if he/she:

(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.

(13) Members of the U.S. Armed Forces, Army National Guard, Air National Guard, and Commissioned Officers of the Public Health Service.

(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, or Commissioned Officers of the Public Health Service who are assigned to duty in Texas are entitled to pay the resident tuition rate for themselves, their spouses and dependent children. To qualify, the student must submit at least once a year a statement from an appropriately authorized officer in the service, certifying that he or she (or a parent or court-appointed legal guardian) will be assigned to duty in Texas at the time of enrollment and is not a member of the National Guard or Reserves who will be in Texas only to attend training with Texas units.

(B) First Assignment after Texas. The spouses and dependent children of nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service are entitled to pay the resident tuition rate during the members’ first assignment after duty in Texas. To qualify, the spouse and children must reside continuously in Texas.

(C) Out-of-State Military. The spouse and dependents of nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service stationed outside of Texas are entitled to immediately start paying the resident tuition rate in Texas if they move to this state, file a statement of intent to become permanent residents of Texas with the public institution of higher education they attend.

(D) Survivors. The spouse and dependents of nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service who die while in service are entitled to pay the resident tuition rate if they move to Texas within 60 days of the date of death. To qualify, the students shall submit satisfactory evidence to the institution, establishing the date of death and current residence in Texas.

(E) Spouse and Dependents who Previously Lived in Texas. The spouse and dependent children of a nonresident member of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officer of the Public Health Service who previously resided in Texas for at least 6 months may establish residency for tuition purposes if the member or commissioned officer (at least 12 months prior to the family member’s enrollment):

(i) filed proper documentation with the military or Public Health Service to change his/her permanent residence to Texas and designates Texas as his/her place of legal residence for income tax purposes;

(ii) registered to vote in Texas, and

(iii) shows one of the following three things has been in effect for the full 12 months prior to the first day of the relevant term or semester:

(a) ownership of real estate in Texas with no delinquent property taxes;

(b) registration of an automobile in Texas, or

(c) execution of a currently-valid will that indicates he/she is a resident of Texas that has been deposited with a county clerk in Texas.

(F) Members Who Change their Residency to Texas. A member of the U.S. Armed Forces whose state of record is not Texas may change his/her residency to Texas if he/she does the following things at least 12 months prior to the member’s enrollment:

(i) files proper documentation with the military to change his/her permanent residence to Texas, and

(ii) meets four of the 8 conditions listed below for the 12 months prior to enrollment:

(a) purchase a residence in Texas and claim it as a homestead;

(b) register to vote in Texas;

(c) register an automobile in Texas;

(d) maintain a Texas driver’s license;

(e) maintain checking, savings or safety deposit box in Texas;

(f) have a will or other legal documents on file in Texas that indicate residence in Texas;

(g) have membership in professional organizations or other state organizations; and/or

(h) establish a business in Texas.

(G) 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 children are entitled to pay the resident tuition rate for any term beginning prior to the first anniversary of separation from the military or health service if the former member has:

(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;

(ii) registered to vote in Texas, and

(iii) shows one of the following three things has been in effect for the full 12 months prior to the first day of the relevant term or semester:

(a) ownership of real estate in Texas with no delinquent property taxes;

(b) registration of an automobile in Texas, or

(c) execution of a currently-valid will that indicates he/she is a resident of Texas that has been deposited with a county clerk in Texas.

(H) ROTC Students. A nonresident student who is a member of an ROTC unit must pay nonresident tuition until such time he or she signs a contract that cannot be terminated by the student and that obligates the student to serve a period of active duty in the U.S. Armed Forces. Once the student has signed such a contract, he or she has the same rights for qualifying to pay the resident rate as has a member of the U.S. Armed Forces.

(I) NATO Forces. Foreign individuals stationed in Texas in keeping with the agreement between the parties to the North Atlantic Treaty regarding status of forces, their spouses and dependent children, are entitled to pay the same tuition rate as residents of Texas.

(J) 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 will be entitled to pay 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.

21.29. Transition from Waiver Recipient to Resident

Some nonresident students who pay the resident tuition rate as a result of waivers can acquire the right to be reclassified as residents. To do so, they must be U.S. citizens, or permanent residents, or foreign individuals eligible to domicile in the United States, or fall in a category identified as the Coordinating Board as eligible to be treated as permanent residents. See Section 21.25(d) of this title (relating to Basic Rules). In addition, they must follow the procedures for reclassification as outlined in section 21.27(b) of this title (relating to Procedures), and show that they currently meet the requirements for classification as a resident.

     

This catalog is a general information publication only. It is not intended to nor does it contain all regulations that relate to students. The provisions of this catalog do not constitute a contract, express or implied, between any applicant, student or faculty member and The University of Texas at Dallas or The University of Texas System. The University of Texas at Dallas reserves the right to withdraw courses at any time, to change fees or tuition, calendar, curriculum, degree requirements, graduation procedures, and any other requirements affecting students. Changes will become effective whenever the proper authorities so determine and will apply to both prospective students and those already enrolled.

Statement on Equal Educational Opportunity
The University of Texas at Dallas is committed to an educational and working environment that provides equal opportunity to all members of the University community. In accordance with federal and state law, the University prohibits unlawful discrimination on the basis of race, color, religion, national origin, gender, age, disability, and veteran status. Discrimination on the basis of sexual orientation is also prohibited pursuant to University policy.