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Appendix III
Rules and Regulations for Determining Residence Status
Section
21.727. Authority and Purpose
21.728. Definitions
21.729. Effective Date of Subchapter
21.730. Determination of Resident Status
21.731. Information Required to Establish Resident Status
21.732. Continuing Resident Status
21.733. Reclassification Based on Additional or Changed Information
21.734. Errors in Classification
21.735. Waivers that Permit Nonresidents to Pay Resident Tuition
21.736. Residence Determination Official
21.727. Authority and Purpose
Texas Education Code, Section 54.075, requires the Board to
adopt rules to carry out the purposes of Texas Education Code, Subchapter
B, concerning the determination of resident status for tuition purposes.
21.728. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) Census date - the date in an academic term for which an institution
is required to certify a person's enrollment in the institution for
the purposes of determining formula funding for the institution.
(2) Coordinating Board or Board - the Texas Higher Education Coordinating
Board.
(3) Core Residency Questions - the questions promulgated by the Board
and set forth in Revised Chart II, which is incorporated into this
subchapter for all purposes, to be completed by a person and used
by an institution to determine if the person is a Texas resident.
(4) Dependent - a person who:
(A) is less than 18 years of age and has not been emancipated by
marraige 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 principle, permanent residence to which
the person intends to return after any temporary absence.
(6) Eligible for Permanent Residence Status - a person who has filed
an I-485 application for permanent residency and has been issued a
fee/filing receipt of notice of action.
(7) Established a domicile in Texas - a person has established a
domicile in Texas if he or she has met the conditions shown in Section
21.730(d) of this title (relating to Determination of Resident Status).
(8) Eligible Nonimmigrant - a person who has been issued a type of
nonimmigrant visa by the USCIS that permits the person to establish
a domicile in the United States.
(9) Gainful employment - activities intended to provide an income
to a person or allow a person to acoid the expense of paying another
person to perform the tasks (as in child care or the maintenance of
a home). A person who is self-employed, employed as a homemaker, or
who is living off his/her earnings may be considered gainfully employed
for purposes of establishing residency, as may a person whose primary
support is public assistance.
(10) General Academic Teaching Institution - The University of Texas
at Austin; The University of Texas at El Paso; The University of Texas
of the Permian Basin; The University of Texas at Dallas; The University
of Texas at San Antonio; Texas A&M University, Main University;
The University of Texas at Arlington; Tarleton State University; Prairie
View A&M University; Texas Maritime Academy (now Texas A&M
University - Galveston); Texas Tech University; University of North
Texas; Lamar University; Lamar State College - Orange; Lamar State
College - Port Arthur; Texas A&M University - Kingsville; Texas
A&M University - Corpus Christi; Texas Woman's University; Texas
Southern University; Midwestern State University; University of Houston;
University of Texas - Pan American; The University of Texas at Brownsville;
Texas A&M University - Commerce; 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, Section 61.003(3).
(11) Institution or institution of higher education - any public
technical institute, public junior college, public senior college
or university, medical or dental unit, or other agency of higher education
as defined in Texas Education Code, Section 61.003(8).
(12) Legal guardian - a person who is appointed guardian under the
Texas Probate Code, Chapter 693, or a temporary or successor guardian.
(13) Maintain a residence - to physically reside in a location. The
maintenance of a residence is not interrupted by a temporary absence
from the state, as provided in Section 21.730(e) of this title (relating
to Determination of Resident Status).
(14) Managing conservator - a parent, a competent adult, an authorized
agency, or a licensed child-placing agency appointed by court order
issued under the Texas Family Code, Title 5.
(15) Nonresident tuition - the amount of tuition paid by a person
who does not qualify as a Texas resident under this subchapter unless
such person qualifies for a waiver program under Section 21.735 of
this title (relating to Waivers that Permit Nonresidents to Pay Resident
Tuition).
(16) Parent - a natural or adoptive parent, managing of possessory
conservator, or legal guardian of a person. The term does not include
a step-parent.
(17) Possessory conservator - a natural or adoptive parent appointed
by court order issued under the Texas Family Code, Title
5.
(18) Private high school - a private or parochial school accredited
by an accrediting agency that is recognized and accepted by the Texas
Private School Accreditation Commission. The term does not include
a home school.
(19) Public technical institute or college - the Lamar Institute
of Technology or any campus of the Texas State Technical College System.
(20) Regular semester - a fall or spring semester, typically consisting
of 16 weeks.
(21) Residence - a person's home or other dwelling place.
(22) Residence Determination Official - the primary individual at
each institution who is responsible for the accurate application of
state statutes and rules to individual student cases.
(23) Resident tuition - the amount of tuition paid by a person who
qualifies as a Texas resident under this subchapter.
(24) Temporary absence - absence from the State of Texas with the
intention to return, generally for a period of less than five years.
(25) United States Citizenship and Immigration Services (USCIS) -
the bureau of the U.S. Department of Homeland Security that is responsible
for the administration of immigration and naturalization adjudication
functions and establishing immigration services policies and priorities.
21.729. Effective Date of this Subchapter.
Each institution shall apply these rules beginning with enrollments
for the Fall Semester, 2006.
21.730. Determination of Resident Status.
(a) The following persons shall be classified as Texas residents
and entitled to pay resident tuition at all institutions of higher
education:
(1) a person who:
(A) graduated from a public or accredited private high school
in this state or, as an alternative to high school graduation,
received the equivalent of a high school diploma in this state,
and
(B) maintained a residence continuously in this state for:
(i) the thirty-six months immediately preceding the date of
graduation or receipt of the diploma equivalent, as applicable;
and
(ii) the 12 months preceding the census date of the academic
semester in which the person enrolls in an institution.
(2) a person who:
(A) established a domicile in this state not less than 12 months
before the census date of the academic semester in which the person
enrolls in an institution; and
(B) maintained a residence continuously in the state for the
12 months immediately preceding the census date of the academic
semester in which the person enrolls in an institution.
(3) a dependent whose parent:
(A) established a domicile in this state not less than 12 months
before the census date of the academic semester in which the person
enrolls in an institution; and
(B) maintained a residence continuously in the state for the
12 months immediately preceding the census date of the academic
semester in which the person enrolls in an institution.
(b) The following non-U.S. citizens may establish a domicile in this
state for the purposes of subsection (a)(2) or (3) of this section:
(1) a Permanent Resident;
(2) a person who is eligible for permanent resident status, as
defined in Section 27.728(6) of this title (relating to Definitions);
(3) an eligible nonimmigrant that holds one of the types of visas
listed in Chart I and incorporated into this subchapter for all
purposes;
(4) a person classified by the USCIS as a Refugee, Asylee, Parolee,
Conditional Permanent Resident, or Temporary Resident;
(5) a person holding Temporary Protected Status, and Spouses and
Children with approved petitions under the Violence Against Women
Act (VAWA), an applicant with an approved USCIS I-360, Special Agricultural
Worker, and a person granted deferred action status by USCIS;
(6) a person who has filed an application for Cancellation of Removal
and Adjustment of Status under the 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 shee is to enroll,
the person owns real property in texas, owns a business in Texas,
or is married to a person who has estalished a domcile 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 othe type of employment assignment
does not preclude the person or parent from establishing a domicile
in Texas.
21.731. Information Required to Initially Establish Resident Status.
(a) To initially establish resident status under Section 21.730 of
this title, (relating to Determination of Resident Status), a person
shall provide the institution with a completed set of Core Residency
Questions as set forth in Revised Chart II, which is incorporated
into this subchapter for all purposes.
(b) An institution may request that a person provide documentation
to support the answers to the Core Residency Questions. A list of
appropriate documents is included in Revised Chart IV, which is incorporated
into this subchapter for all purposes. In addition, the institution
may request documents that support the information the student may
provide in Revised Chart II, Section H.
(c) If a person who establishes resident status under Section 21.730(a)(1)
of this title is not a Citizen of the United States or a Permanent
Resident, the person shall, in addition to the other requirement of
this section, provide the institution with a signed affadavit, stating
that the person will apply to become a Permanent Resident as soon
as the person becomes eligible to apply. The affadavit shall be required
only when the person applies for resident status and shall be in the
form provided in Chart III and incorporated into this subchapter for
all purposes.
(d) An institution shall not impose any requirements in addition
to the requirements established in this section for a person to establish
resident status.
21.732. Continuing Resident Status.
(a) Except as provided under subsection (c) of this section, a person
who was enrolled in an institution for any part of the 2006 state
fiscal year and who was classified as a resident of this state under
Subchapter B, Chapter 54, Texas Education Code, in the last academic
period of that year for which the person was enrolled is considered
to be a resident of this state for purposes of this subchapter, as
of the beginning of the fall semester, 2006.
(b) Except as provided by subsection (c) of this section, a person
who has established resident status under this subchapter is entitled
to pay resident tuition in each subsequent academic semester in which
the person enrolls at any institution.
(c) A person who enrolls in an institution after two or more consecutive
regular semesters during which the person is not enrolled in a public
institution shall submit the information required in Section 21.731
of this title, (relating to Information Required to Establish Resident
Status), and satisfay all the applicable requirements to establish
residence.
21.733. Reclassification Based on Additional or Changed Information.
(a) If a person is initially classified as a nonresident based on
information provided through the set of Core Residency Questions,
the person may request reclassification by providing the institution
with supporting documentation as described in Revised Chart IV, which
is incorporated into Section 21.731(b) of this title (relating to
Information Required to Initially Establish Resident Status).
(b) A person shall provide the institution with any additional or
changed information which may affect his or her resident or nonresident
tuition classification under this subchapter.
(c) An institution may reclassify a person who had previously been
classified as a resident or nonresident under this subchapter based
on additional or changed information provided by the person.
(d) Any change made under this section shall apply to the first succeeding
semester in which the person is enrolled, if the change is made on
or after the census date of that semester. If the change is made prior
to the census date, it will apply to the current semester.
21.734. Errors in Classification
(a) If an institution erroneously permits a person to pay resident
tuition and the person is not entitled or permitted to pay resident
tuition under this subchapter, the institution shall charge nonresident
tuition to the person beginning with the semester following the date
that the institution discovers the error.
(b) Not later than the first day of the following semester, the institution
may notify the person that he or she must pay the difference between
resident and nonresident tuition for each previous semester in which
the student should not have paid resident tuition, if:
(1) the person failed to provide to the institution, in a timely
manner after the information becomes available or on request by
the institution, any information that the person reasonably should
know would be relevant to an accurate classification by the institution
under this subchapter information; or
(2) the person provided false information to the institution that
the person reasonably should know could lead to an erroneous classification
by the institution under this subchapter.
(c) If the institution provides notice under subsection (b) of this
section, the person shall pay the applicable amount to the institution
not later than the 30th day after the date the person is notified
of the person's liability for the amount owed. After receiving the
notice and until the amount is paid in full, the person is not entitled
to receive from the institution a certificate or diploma, if not yet
awarded on the date of the notice, or official transcript that is
based at least partially on or includes credit for courses taken while
the person was erroneously classified as a resident of this state.
(d) If an institution erroneously classified a person as a resident
of this state under this subchapter and the person is entitled or
permitted to pay resident tuition under this subchapter, that person
is not liable for the difference between resident and nonresident
tuition under this section.
(e) If an institution erroneously classifies a person as a nonresident
and the person is a resident under this subchapter, the institution
shall refund the difference in resident and nonresident tuition for
each semester in which the student was erroneously classified and
paid the nonresident tuition rate.
21.735. Waiver Programs for Certain Nonresident Persons.
A person who is classified as a nonresident under the provisions of
this section shall be permitted to pay resident tuition, if the person
qualifies for one of the following waiver programs:
(1) Economic Development and Diversification Program
(A) A nonresident peson, (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 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 http://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 shildren
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
institituion verifying the employment of the teacher or professor.
(3) Program for Teaching Assistants and Research Assistants, their
Spouse 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 teaching or research
assistant attends an institution other than the employing institution,
the employing institution shall provide a letter to the spouse or
child's institution verifying the employment of the teaching or
research assistant.
(D) This waiver program is applicable only during the person's
periods of employment.
(4) Program for Competitive Scholarship Recipients
(A) A nonresident person (including a Citizen, Permanent Resident
of the U.S., a person who is eligible to be a Permanent Resident
of the U.S., and an eligible nonimmigrant) who receives a competitive
scholarship from the institution is entitled to pay resident tuition.
(B) In order for the person to be eligible for this waiver program,
the competitive scholarship must:
(i) total at least $1,000 for the period of time covered by the
scholarship, not to exceed 12 months; and
(ii) be awarded by a scholarship committee authorized in writing
by the institution's administration to grant scholarships that
permit this waiver of nonresident tuition; and
(iii) be awarded according to criteria published in the institution's
paper or electronic catalog, available to the public in advance
of any application deadline; and
(iv) be awarded under circumstances that cause both the funds
and the selection process to be under the control of the institution;
and
(v) permit awards to both resident and nonresident persons.
(C) The scholarship award shall specify the 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. Of 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 both
a doctor of medicine and doctor of philsophy degree, he or she is
eligible to pay the resident tuition rate.
(5) Programs for Lowered Tuition for Individuals from Bordering States
or Mexico
(A) Programs that Require Reciprocity. Waivers of nonresident tuition
made through each of the following three programs for persons from
states neighboring Texas must be based on reciprocity and the institution
shall not grant these waivers unless the institution has been provided
with a current written agreement with a similar institution in the
other state, agreeing to lower tuition for Texas students attending
that institution. A participating Texas institution shall file a
copy of such agreements with the Board and the agreements shall
not be more than 2 years old. The amount of tuition charged shall
not be less than the Texas resident tuition rate.
(i) Persons residing in New Mexico, Oklahoma, Arkansas or Louisiana
may pay a lowered nonresident tuition when they attend Texas A&M-Texarkana,
Lamar State College-Port Arthur, Lamar State College-Orange or
any public community or technical college located in a county
adjacent to their home state.
(ii) Persons residing in New Mexico and Oklahoma may pay a lowered
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 chil'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
thatn $30 per semester credit hour above the current resident tuition
rate when they attend a general academic teaching institution located
within 100 miles of the Texas border if:
(i) the governing board of the institution approves the tuition
rate as in the best interest of the institution and finds that
such a rate will not cause unreasonable harm to any other institution;
and
(ii) the Commissioner approves the tuition rate by finding that
the institution has a surplus of total educational and general
space as calculated by the Board's most current space projection
model. This obligation to obtain the approval of the Commissioner
is continuing and approval to participate in this waiver program
must be obtained at least every two years.
(C) Programs for Residents of Mexico. Subject to the following
provisions, persons who are currently residents of Mexico and those
persons who are temporarily residing outside of Mexico but with
definite plans to return to Mexico shall pay resident tuition.
(i) An unlimited number of residents of Mexico who have demonstrated
financial need and attend a general academic teaching institution
or a component of the Texas State Technical College System, if
the institution or component is located in a county adjacent to
Mexico; Texas A&M University-Corpus Christi, Texas A&M
University-Kingsville, the University of Texas at San Antonio,
or Texas Southmost College shall pay resident tuition.
(ii) A limited number of residents of Mexico who have financial
need may attend a general academic teaching institution or campus
of the Texas State Technical College System located in counties
not adjacent to Mexico and pay resident tuition. This waiver program
is limited to the greater of two students per 1000 enrollment,
or 10 students per institution.
(iii) An unlimited number of residents of Mexico who have demonstrated
financial need and register in courses that are part of a graduate
degree program in public health conducted by an institution in
a county immediately adjacent to Mexico shall pay resident tuition.
(6) Program for the beneficiaries of the Texas Tomorrow Fund. A person
who is a beneficiary of the Texas Tomorrow Fund shall pay resident
tuition and required fees for semester hours paid under the prepaid
tuition contract. If the person is not a Texas resident, all tuition
and fees not paid under the contract shall be paid the nonresident
rate.
(7) Program for Inmates of the Texas Department of Criminal Justice.
All inmates of the Texas Department of Criminal Justice shall pay
resident tuition.
(8) Program for Foreign Service Officers. A Foreign Service officer
employed by the U.S. Department of State and enrolled in an institution
shall pay resident tuition if the person is assigned to an office
of the U.S. Department of State that is located in Mexico.
(9) Program for Registered Nurses in Postgraduate Nursing Degree
Programs. An institution may permit a registered nurse authorized
to practice professional nursing in Texas to pay resident tuition
and fees without regard to the length of time that the registered
nurse has resided in Texas, if the nurse:
(A) is enrolled in a program designed to lead to a master's degree
or other higher degree in nursing; and
(B) intends to teach in a program in Texas designed to prepare
students for licensure as registered nurses.
(10) Programs for Military and Their Families. Members of the U.S.
Armed Forces, Army National Guard, Air National Guard, Army, Air Force,
Navy, Marine Corps or Coast Guard Reserves and Commissioned Officers
of the Public Health Service, and Their Spouses or Dependent Children.
(A) Assigned to Duty in Texas. Nonresident members of the U.S.
Armed Forces, members of Texas units of the Army or Air National
Guard, Army, Air Force, Navy, Marine Corps or Coast Guard Reserves
and Commissioned Officers of the Public health Service who are assigned
to duty in Texas, and their spouses, or dependent children, shall
pay resident tuition. To qualify, the person shall submit during
his or her first semester of enrollment in which he or she will
be using the waiver program, a statement from an appropriately authorized
officer in the service, certifiying 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 sontinuously 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 Lived Previously 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 at 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 anniversay of separation
from the military or health service, if the former member:
(i) had, at least one year preceding the census date of the term
or semester, executed a document with U.S. Armed Forces or Public
Health Service that is in effect on the census date of the term
or semester and that changed his/her permanent residence to Texas
and designated Texas as his/her place of legal residence for income
tax purposes; and
(ii) had registered to vote in Texas for at least 12 months prior
to the census date of the term or semester; and
(iii) provides documentation that the member has, not less than
12 months prior to the census date of the term in which he or
she plans to enroll, taken 1 of the 3 following actions:
(I) purchased real estate in Texas with no delinquent property
taxes;
(II) registered an automobile in Texas; or
(III) executed a currently valid will that has been deposited
with a county clerk in Texas that indicates he/she is a resident
of Texas.
(G) NATO Forces. Non-immigrant aliens stationed in Texas under
the agreement between the parties to the North Atlantic Treaty regarding
status of forces, their spouses and dependent children, shall pay
resident tuition.
(H) Radiological Science Students at Midwestern State University.
Members of the U.S. Armed Forces stationed outside the State of
Texas who are enrolled in a bachelor of science or master of science
degree program in radiological sciences at Midwestern State University
by instructional telecommunication shall pay resident tuition and
other fees or charges provided for Texas residents, if they began
the program of study while stationed at a military base in Texas.
(11) Program for the Center for Technology Development and Transfer.
Under agreements authorized by Texas Education Code, Section
65.45, a person employed by the entity with whom the University of
Texas System enters into such an agreement, or the person's spouse
or child, may pay resident tuition when enrolled in a University of
Texas System institution.
21.736. Residence Determination Official.
(a) Each institution shall designate an individual that is employed
by the institution as a Residence Determination Official.
(b) The Residence Determination Official shall:
(1) be knowledgeable of the requirements set out in these rules
and the applicable statutes; and
(2) attend at least one training or workshop provided by the Coordinating
Board regarding these rules and the applicable statues in each state
fiscal year.
Chart I. Eligible Nonimmigrants - Persons with Visas that Allow them
ot Domicile in the United States.
view Chart I here
Revised Chart II. Core Residency Questions.
view Chart II here
Chart III. Affidavit.
view Chart III here
Revised Chart IV. Documentation to Support Domicile and Residency
view Chart IV here
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