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.
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