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Appendix A

Residency Regulations

Under state statutes and Coordinating Board rules and regulations interpreting those statutes, a student or prospective student is classified as a resident of Texas, a nonresident, or a foreign student. A person who has lived in the state under circumstances specified in these rules is eligible for classification as a resident. A citizen, a national, or a permanent resident of the United States who does not meet resident criteria is classified a nonresident. An alien who is not a permanent resident of the United States and has not been permitted by Congress to adopt the United States as domicile while in this country is classified as a foreign student. An individual classified as a nonresident or foreign student may qualify, under certain exceptions specified in these rules, for resident tuition rates and other charges while continuing to be classified as a nonresident or a foreign student.

A student entering the University of Texas at Austin for the first time, or a student reentering the University after an absence of more than one semester, should review carefully the rules governing the determination of residency given in this appendix in order to be prepared to pay the required tuition fee. Information and advice regarding residency status is available from the Office of Admissions.

State Statutes

Chapter 54 of the Texas Education Code sets forth the following regulations governing residency status for purposes of admission to institutions of higher education and payment of tuition.

Statute:Sec. 54.052(a)(1) and (2) In this subchapter "residence" means "domicile." "Resided in" means "domiciled in."

Minors and Dependents

Statute:Sec. 54.052(a)(3) "Dependent" means an individual who is claimed as a dependent for federal income tax purposes by the individual's parent or guardian at the time of registration and for the tax year preceding the year in which the individual registers.
Sec. 54.052(c) An individual who is under 18 years of age or is a dependent and who is living away from his family and whose family resides in another state or has not resided in Texas for the twelve-month period immediately preceding the date of registration shall be classified as a nonresident student.
Sec. 54.052(d) An individual who is 18 years of age or under or is a dependent and whose family has not resided in Texas for the twelve-month period immediately preceding the date of registration shall be classified as a nonresident student, regardless of whether he has become the legal ward of residents of Texas or has been adopted by residents of Texas while he is attending an educational institution in Texas, or within a twelve-month period before his attendance, or under circumstances indicating that the guardianship or adoption was for the purpose of obtaining status as a resident student.
Sec. 54.052(h) An individual who has come from outside Texas and registered in an educational institution before having resided in Texas for a twelve-month period immediately preceding the date of registration is entitled to pay the tuition fee and other fees required of Texas residents if the individual or a member of his family has located in Texas as an employee of a business or organization that became established in this state as part of the program of state economic development and diversification authorized by the constitution and laws of this state and if the individual files with the Texas institution of higher education at which he registers a letter of intent to establish residency in Texas.
Sec. 54.055 An individual who is 18 years of age or under or is a dependent and whose parents were formerly residents of Texas is entitled to pay the resident tuition fee following the parents' change of legal residence to another state, as long as the individual remains continuously enrolled in a regular session in a state-supported institution of higher education.

Residence of a minor or dependent. The residence of a minor or dependent is usually that of the parent with whom the individual resides. The residence of a dependent eighteen years or older is that of the parent who claims the individual as a dependent for federal income tax purposes both for the year for which the individual is enrolling and for the preceding year. However, a dependent child who is not eligible to establish domicile in the United States may not establish residence for tuition purposes based on the residence of his or her parents.

Divorce of parents. Upon divorce of parents, residency of a dependent is based on the residence of the parent who has legal custody or has claimed the minor for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment. For dependents over eighteen, residency is determined by the residence of the parent who claims the student for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment.

Custody by court order. If the custody of a minor has been granted by court order (e.g., divorce decree, child custody action, guardianship, or adoption proceedings) to some person other than the parent, the residence of that person will control provided that such grant of custody was not ordered during or within a year prior to their enrollment in an institution of higher education (defined as any public junior college, public senior college or university, public health science center, or Texas State Technical Institute) and was granted under circumstances indicating that such guardianship was not for the purpose of obtaining status as a resident student.

If the minor is not residing with either parent and there is no court-appointed guardian, the residence of the parent with whom the minor last resided will be presumed to control. If, however, the minor resided with and has been dependent upon a grandparent for more than a year prior to enrollment in an institution of higher education, the residence of that natural guardian will be regarded as the minor's residence. The residence of a person other than a parent or a natural or legal guardian who may furnish funds for payment of tuition, fees, or living expenses will in no way affect the residence classification of a minor.

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 classification. The fact of abandonment must be clearly established and must not have been for the purpose of affecting the residence of the minor and the minor must have actually resided in the home of such person for two years immediately prior to enrolling in a public institution of higher education in Texas, and such person must have provided substantially all of the minor's support. In the event that the in loco parentis relationship has not existed for the full two-year period, a lesser period of time is acceptable in unusual hardship cases, such as the death of both parents.

Orphans. Orphans who have lived for longer than a year in an established orphans' home in Texas operated by a fraternal, religious, or civic organization and have been graduated from the orphans' home will be considered residents of Texas provided they remain in Texas from the time of their graduation until they enter an institution of higher education.

Emancipation. Under certain circumstances, minors may become emancipated or free from parental control. If their parents have ceased to exercise parental control and responsibility, if they are responsible for all of their own decisions and affairs, and if they are not dependent on their parents, minors may establish emancipation. If emancipation is clearly proved, the residence classification of minors is determined by their own residence rather than the residence of the parents. After twelve months in Texas under such circumstances, minors may be classified as residents if they otherwise satisfy the statutory requirements applicable to those over eighteen. Proof of emancipation is the responsibility of the minor.

Married minors. Minors who are married have the power and capacity of single persons of full age.

Dependents whose parents move to another state or foreign country and no longer claim residence in Texas. If the parents of dependents who are enrolled as resident students move their legal residence to another state or foreign country, the dependents will be classified as nonresidents at all subsequent registration periods. Under the provisions of Texas Education Code section 54.055, the minors will be entitled to pay the resident tuition fee as long as they remain continuously enrolled in a public institution of higher education. The dependent students must enroll for the next available fall or spring semester immediately following the parents' change of legal residence to another state.

When the parents of minors who have established their legal residence in another state or foreign country return and reestablish their legal residence in Texas, the minors must be classified as nonresidents until the first registration after the parents have resided in the state for a twelve-month period.

Dependents whose parents move to another state or foreign country but continue to claim Texas residence. If the parents of dependents move to another state or foreign country, or reside outside the state or in a foreign country at the time the dependents enroll in an institution of higher education, but claim legal residence in Texas, conclusive evidence must be presented that the parents are still claiming legal residence in the state of Texas and that they have the present intent to return to the state. A certificate from the employer of the parents that the move outside the state was temporary, generally less than five years, and that there are definite plans to return the parents to Texas by a determinable future date will be considered in this connection.

Persons who resided in Texas for at least five years prior to moving from the state, and who have returned to the state for residence purposes before having resided out of the state for a year, will be classified as residents. The parent(s) of dependents must return to the state to live in order for the dependent to be considered a resident.

Individuals over Eighteen

Statute:Sec. 54.052(e) An individual who is 18 years of age or over who has come from outside Texas and who is gainfully employed in Texas for a twelve-month period immediately preceding registration in an educational institution shall be classified as a resident student as long as he continues to maintain a legal residence in Texas.
Sec. 54.052(f) An individual who is 18 years of age or over who resides out of the state or who has come from outside Texas and who registers in an educational institution before having resided in Texas for a twelve-month period shall be classified as a nonresident student.
Sec. 54.052(g) An individual who would have been classified as a resident for the first five of the six years immediately preceding registration but who resided in another state for all or part of the year immediately preceding registration shall be classified as a resident student.
Sec. 54.052(h) An individual who has come from outside Texas and registered in an educational institution before having resided in Texas for a twelve-month period immediately preceding the date of registration is entitled to pay the tuition fee and other fees required of Texas residents if the individual or a member of his family has located in Texas as an employee of a business or organization that became established in this state as part of the program of state economic development and diversification authorized by the constitution and laws of this state and if the individual files with the Texas institution of higher education at which he registers a letter of intent to establish residency in Texas.
Sec. 54.054 A nonresident student classification is presumed to be correct as long as the residence of the individual in the state is primarily for the purpose of attending an educational institution. After residing in Texas for at least twelve months, a nonresident student may be reclassified as a resident student as provided in the rules and regulations adopted by the Texas Higher Education Coordinating Board. Any individual reclassified as a resident student is entitled to pay the tuition fee for a resident of Texas at any subsequent registration as long as he continues to maintain his legal residence in Texas.

Establishment of residence. Independent individuals eighteen years of age or over who move into the state and who are gainfully employed within the state for a period of twelve months prior to enrolling in an institution of higher education are entitled to classification as residents. If such twelve months' residence, however, can be shown not to have been for the purpose of establishing legal residence in the state but to have been for some other purpose, the individuals are not entitled to be classified as residents. Students enrolling in an educational institution prior to having resided in the state for twelve months immediately preceding enrollment will be classified as nonresidents for tuition purposes.

Reestablishment of residence. Persons who resided in Texas for at least five years prior to moving from the state, and who have returned to the state for residence purposes before having resided out of the state for a year, will be classified as residents. The parent(s) of dependents must return to the state to live in order for the minor or the dependent to be considered a resident.

Economic development and diversification employees. An individual eligible to establish domicile in Texas who has come from outside Texas and registered in an educational institution before having resided in Texas for a twelve-month period immediately preceding the date of registration and the dependents of that individual are entitled to pay the tuition fee and other fees required of Texas residents if the individual has located in Texas as an employee of a business or organization, within five years of the date that such business or organization became established in this state as part of the program of state economic development and diversification authorized by the constitution and laws of this state, and if the individual files with the Texas institution of higher education at which the individual registers, a letter of intent to establish residency in Texas. The Texas Higher Education Coordinating Board identifies the businesses and organizations whose employees may qualify under section 54.052(h). Specific information is available from the residency official in the Office of Admissions.

Reclassification. Persons classified as nonresident students upon first enrollment in an institution of higher education are presumed to be nonresidents for the period during which they continue as students. If such nonresident students withdraw from school and reside in the state while gainfully employed for a period of twelve months, upon reentry into an institution of higher education they will be entitled to reclassification as residents for tuition purposes. Accumulations of summer and other vacation periods do not satisfy this requirement. Reclassification to residence status after residing in the state for twelve months cannot be based solely upon the students' or the students' spouses' employment, registration to vote, registration of a motor vehicle and payment of personal property taxes thereon, or the securing of a Texas driver's license. The presumption of a "nonresident" is not a conclusive presumption, however, and other facts may be considered to determine if the presumption has been overcome. Material to this determination are business or personal facts or actions unequivocally indicative of a fixed intention to reside permanently in the state. Such facts may include, but are not limited to, the length of residence and full-time employment prior to registering in the institution, the fact of full-time employment and nature of such employment while a student, purchase of a homestead with substantial down payment, or dependency upon a parent or guardian who has resided in Texas for at least twelve months immediately preceding the student's registration. All of these facts are weighed in light of the fact that a student's residence while in school is primarily for the purpose of education and not to establish residence, and that decisions of an individual as to residence are generally made after the completion of an education and not before. Students classified as nonresident students will be considered to retain that status until they make written application for reclassification in the form prescribed by the institution and are officially reclassified in writing as residents of Texas by the proper administrative officers of the institution. Application for reclassification must be submitted prior to the twelfth class day in the fall and spring semesters and the fourth class day in the summer session.

Loss of residence. Persons who have been attending Texas public institutions of higher education as residents and who move out of state will be classified as nonresidents immediately upon leaving the state, unless the move is temporary (generally less than five years) and residence has not been established elsewhere. Conclusive evidence must be provided by the individuals supporting their present intent to return to the state. Among other things, a certificate from the 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 of the temporary nature of the time spent out of state. Internship programs as part of the academic curriculum that require the student to return to the school may qualify as proof of the temporary nature of the time spent out of state.

Married Students

Statute:Sec. 54.056 A student who is a resident of Texas and who marries a nonresident is entitled to pay the resident tuition fee as long as the student does not adopt the legal residence of the spouse in another state.

Marriage of a Texas resident to a nonresident does not jeopardize the former's right to pay the resident tuition rate unless the resident has taken steps to claim the residence of his or her spouse. A nonresident who marries a resident must establish his or her own residency by meeting the standard requirements (see Individuals over Eighteen).

Military Personnel and Veterans and Commissioned Officers of the Public Health Service

Statute:Sec. 54.058(a) Military personnel are classified as provided by this section.
(b) A person who is an officer, enlisted person, selectee, or draftee of the Army, Army Reserve, Army National Guard, Air National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard Reserve of the United States, who is assigned to duty in Texas, and the spouse and children of such an officer, enlisted person, selectee, or draftee, are entitled to register in a state institution of higher education by paying the tuition fee and other fees or charges required of Texas residents, without regard to the length of time the officer, enlisted person, selectee, or draftee has been assigned to duty or resided in the state. However, out-of-state Army National Guard or Air National Guard members attending training with Texas Army or Air National Guard units under National Guard Bureau regulations may not be exempted from nonresident tuition by virtue of that training status nor may out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard Reserves training with units in Texas under similar regulations be exempted from nonresident tuition by virtue of that training status. It is the intent of the legislature that only those members of the Army or Air National Guard or other reserve forces mentioned above be exempted from the nonresident tuition fee and other fees and charges only when they become members of Texas units of the military organizations mentioned above.
(c) As long as they reside continuously in Texas, the spouse and children of a member of the Armed Forces of the United States who has been assigned to duty elsewhere immediately following assignment to duty in Texas are entitled to pay the tuition fees and other fees or charges provided for Texas residents.
(e) A Texas institution of higher education may charge to the United States government the nonresident tuition fee for a veteran enrolled under the provisions of a federal law or regulation authorizing educational or training benefits for veterans.
(f) The spouse and children of a member of the Armed Forces of the United States who dies or is killed are entitled to pay the resident tuition fee if the spouse and children become residents of Texas within sixty days of the date of death.
(g) If a member of the Armed Forces of the United States is stationed outside Texas and the spouse and children of the member establish residence in Texas by residing in Texas and by filing with the Texas institution of higher education at which they plan to register a letter of intent to establish residence in Texas, the institution of higher education shall permit the spouse and children to pay the tuition, fees, and other charges provided for Texas residents without regard to length of time that they have resided within the state.

Legal residence--general rule. Persons in military service and commissioned Public Health Service officers are presumed to maintain during their entire period of active service the same legal residence that was in effect at the time of entering the service. Persons stationed in a state by the military or Public Health Service are presumed not to establish a legal residence in that state because their presence is not voluntary but under military or Public Health Service orders.

Change of permanent address while in the service. It is possible for members of the military service or Public Health Service to abandon the domicile of original entry into the service and to select another, but to show establishment of a new domicile during the term of active service there must be clear and unequivocal proof of such intent. An extended period of service alone is not sufficient. The purchase of residential property is not conclusive evidence unless coupled with other facts indicating an intent to put down roots in the community and to reside there after termination of service in the military or Public Health Service.

Evidence that will be considered in determining this requisite intent includes, but is not limited to, a substantial investment in a residence and the claiming of a homestead exemption thereon, registration to vote and voting in local elections, registration of an automobile in Texas and payment of personal property taxes thereon, obtaining a Texas driver's license, maintaining checking accounts, savings accounts, and safety deposit boxes in Texas banks, existence of wills or other legal documents indicating residence in Texas, change of permanent address with the military or Public Health Service and designation of Texas as the place of legal residence for income tax purposes on military or Public Health Service personnel records, business transactions or activities not normally engaged in by military or Public Health Service personnel, and membership in professional or other state organizations. Purchase of property during terminal years of service in the military or Public Health Service preceding retirement generally is given greater weight than a similar purchase made prior to such terminal period. Additionally, a terminal duty assignment in Texas in which an individual has engaged in personal, business, and/or professional activities indicative of their intent to remain in the state will be given more consideration than most other evidence presented.

Eligibility for waiver of nonresident tuition. Subsection (b) provides that military personnel assigned to duty within the state of Texas, their spouses, and their dependent children will be entitled to pay the same tuition as a resident of Texas regardless of the length of their physical presence in the state. To be entitled to pay the resident tuition fees, such military personnel must submit at the time of each registration a statement from their commanding officers or personnel officers certifying that they are then assigned to duty in Texas and that same will be in effect at the time of such registration in an institution of higher education. The same provision also applies to commissioned Public Health Service officers and their dependents. This subsection also provides that nonresident members of an out-of-state National Guard unit who are temporarily training with a Texas National Guard unit will not be entitled to pay the resident tuition.

Status of dependents of those reassigned out-of-state. Subsection (c) provides that if they reside continuously in the state of Texas, the spouses and dependent children of members of the armed forces previously assigned to active duty in Texas, but reassigned to duty outside the state of Texas may pay resident tuition rates while the spouse or parent is on his or her first assignment subsequent to assignment in Texas. For the dependent child to qualify, a parent must also continuously reside in Texas. This provision also applies to commissioned Public Health Service officers and their dependents.

Status of dependents of those who die while in service. Subsection (f) provides that members of the immediate family (which includes spouses or dependent children) of members of the armed forces who die while in military service may qualify to pay the resident tuition if they become residents of Texas within sixty days of the date of death. To qualify under this provision, the students must submit to the institution of higher education satisfactory evidence establishing the date of death and residence in Texas. This provision also applies to commissioned Public Health Service officers and their dependents.

Status of dependents of those stationed in out-of-state locations. Subsection (g) provides that the spouses and dependent children of members of the armed forces who are assigned to duty outside the state of Texas may be entitled to pay the resident tuition if they reside in Texas and file with the public institution of higher education at which a child or spouse plans to register a letter of intent, an affidavit, or other evidence satisfactory to the institution stating they intend to become permanent residents of Texas. This provision also applies to commissioned Public Health Service officers and their dependents.

Nonresidents attending college under federal benefits programs for veterans. Subsection (e) provides that the institution of higher education may charge the nonresident tuition fee for nonresident veterans to the United States government under the provisions of any federal law or regulation authorizing educational or training benefits for veterans.

Residence classification upon separation from the military or Public Health Service. Persons who enroll in an institution of higher education following separation from military service must be classified as nonresident students unless they were legal residents of Texas at the time of entry into military service and have not relinquished that residence; they can prove that during military service they have, in fact, established bona fide legal residence in Texas at least twelve months prior to enrollment; or they have resided in Texas other than as students for twelve months prior to registration and subsequent to discharge from service. This provision also applies to commissioned Public Health Service officers and their dependents. The nonresident classification is a presumption, however, that can be overcome pursuant to the guidelines and standards for establishing Texas residence (see Individuals over Eighteen).

Students enrolled in ROTC programs. A nonresident student who is a member of an ROTC unit will be required to pay nonresident tuition rates until such time the student has signed a contract which cannot be terminated by the student and which obligates the student to serve a period of active military duty.

Teachers, Professors, and their Dependents

Statute:Sec. 54.059 A teacher or professor of an institution of higher education, and the spouse and children of such a teacher or professor, are entitled to register in an institution of higher education by paying the tuition fee and other fees or charges required for Texas residents without regard to the length of time the teacher or professor has resided in Texas. A teacher or professor of an institution of higher education and the teacher's or professor's family are entitled to the benefit of this section if the teacher or professor is employed at least one-half time on a regular monthly salary basis by an institution of higher education.

Teachers and professors employed at least half time on a regular monthly salary basis (not hourly employees) by any Texas public institution of higher education, with an effective date of employment on or before the twelfth class day of a regular semester or the fourth class day of a summer term and an ending date of employment no earlier than the last official class day, may pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children, regardless of the length of residence in the state. To be entitled to pay the resident tuition fees, such employees must submit a request form which has been certified by the employee, the employing department, and the student. This form should be submitted to the special billing section of the Accounting Office prior to each registration.

Students Employed as Teaching or Research Assistants

Statute:Sec. 54.063 A teaching assistant or research assistant of any institution of higher education and the spouse and children of such a teaching assistant or research assistant are entitled to register in a state institution of higher education by paying the tuition fees and other fees or charges required for Texas residents, without regard to the length of time the assistant has resided in Texas, if the assistant is employed at least one-half time in a teaching or research assistant position which relates to the assistant's degree program under rules and regulations established by the employer institution.

Teaching assistants (including assistant instructors) or research assistants employed at least half time on a regular monthly salary basis (not hourly employees) by any publicly supported Texas institution of higher education in positions that relate to their degree programs, with an effective date of employment on or before the twelfth class day of a regular semester or the fourth class day of a summer term and an ending date of employment no earlier than the last official class day, may pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children, regardless of the length of residence in the state. The institution that employs the students will determine whether or not the students' jobs relate to their degree programs. Also, students may qualify for exemption from nonresident tuition for the entire summer session on the basis of eligible employment for one or more summer terms. This provision applies to eligible teaching assistants, research assistants, and their dependents only when they are attending the same institution that employs the assistant. To be entitled to pay the resident fees, students must submit a request form which has been certified by the student, the employing department, and the academic dean. This form should be submitted to the special billing section of the Accounting Office prior to each registration.

Scholarship Recipients

Statute:Sec. 54.064(a) A student who holds a competitive scholarship of at least $1,000 for the academic year or summer for which the student is enrolled and who is either a nonresident or a citizen of a country other than the United States of America is entitled to pay the fees and charges required of Texas residents without regard to the length of time the student has resided in Texas. The student must compete with other students, including Texas residents, for the scholarship and the scholarship must be awarded by a scholarship committee officially recognized by the administration and be approved by the Texas Higher Education Coordinating Board under criteria developed by the board.
Sec. 54.064(b) The total number of students at an institution paying resident tuition under this section for a particular semester may not exceed 5 percent of the total number of students registered at the institution for the same semester of the preceding academic year.

Competitive scholarship recipients. To qualify for exemption from paying out-of-state tuition rates, a student must be awarded a competitive scholarship in the amount of $1,000 or more for the academic year, the summer session, or both by an official scholarship committee, or committees, of the public institution of higher education the student is attending. If nonresidents or foreign students, in competition with other students, including Texas residents, obtain these competitive scholarships, the students may pay the same tuition as a resident of Texas during the registration period in which these scholarships are in effect. At the time the competitive scholarship is awarded, the institution must designate the term or terms in which the scholarship will be in effect.

An institution will not waive nonresident tuition on the basis of competitive scholarships for more than 5 percent of its total enrollment in the corresponding semester or term of the previous academic year.[1] If the recipient of the scholarship is concurrently enrolled at more than one institution, the waiver of nonresident tuition is only effective at the institution awarding the scholarship.

Foreign Students

Statute:Sec. 54.057(a) An alien who is living in this country under a visa permitting permanent residence or who has filed with the proper federal immigration authorities a declaration of intention to become a citizen has the same privilege of qualifying for resident status for fee purposes under this act as has a citizen of the United States.
Sec. 54.057(b) A nonimmigrant alien who resides in this state in accordance with the agreement between the parties to the North Atlantic Treaty regarding the status of their forces (4 U.S.T. 1792) and the spouse or children of such an alien are residents for tuition and fee purposes under this code.

Eligible aliens. Aliens living in the United States under a visa permitting permanent residence and those permitted by Congress to adopt the United States as their domicile while they are in this country, have the same privilege of qualifying for Texas resident status for tuition purposes as do citizens of the United States. The Immigration and Naturalization Service has identified the following categories of foreign students as being eligible to establish domicile in the United States: A-1, A-2, G-1, G-2, G-3, G-4, K, and OP-1; and individuals classified by the Immigration and Naturalization Service as refugees, asylees, parolees, conditional permanent residents holding I-551 cards that have not expired, and temporary residents holding I-688 cards that have not expired. Students holding I-688A and I-688B cards are not eligible to establish domicile in the United States.

Only a permanent resident may file with the federal immigration authorities a declaration of intention to become a citizen. Generally, individuals who enter the state under a visa that does not allow the establishment of a domicile and who obtain permanent resident status while in Texas must wait a minimum of twelve months from the date of issue to request resident status for tuition purposes. However, in cases where a protracted amount of time (more than twelve months) lapses between the date of application for permanent residence and the granting of permanent residence status, the institution may consider the lapsed time a part of the individual's twelve months in the state if the individual has otherwise met the requirements for establishing residence.

NATO forces stationed in Texas. Nonresident aliens 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 at public institutions of higher education as residents of Texas.

Student Responsibilities

Oath of residency. Sec. 54.0521, Texas Education Code, provides for an oath of residency. The student is responsible for registering under the proper residence classification and for providing documentation as required by the public institution of higher education. If there is any question as to 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 in which he or she is enrolling for official determination. Students classified as Texas residents must affirm the correctness of that classification as a part of the admission procedure. 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 may result in disciplinary action.

Reclassification

Application for reclassification. Students classified as nonresident students will be considered to retain that status until they make written application for reclassification in the form prescribed by the institution and are officially reclassified in writing as residents of Texas by the proper administrative officers of the institution.

Reclassification as a nonresident. Persons who have been classified as residents of Texas will be reclassified as nonresident students whenever they report, or there is found to exist, circumstances indicating a change in legal residence to another state. If students who have been classified as residents of Texas are found to have been erroneously classified, those students will be reclassified as nonresidents and will be required to pay the difference between resident and nonresident fees for those semesters in which they were erroneously classified.

Reclassification as a resident. If students have been erroneously classified as nonresident students and subsequently prove to the satisfaction of the appropriate officials of an institution of higher education that they should have been classified as resident students, they will be reclassified as residents of Texas and will be entitled to a refund of the difference between the resident and nonresident fees for the semesters in which they were erroneously classified. Normally, the refund must be requested and substantiated during the current term.

Penalties

Statute:Sec. 54.053 The governing board of each institution required by this act to charge a nonresident tuition or registration fee is subject to the rules, regulations, and interpretations issued by the Texas Higher Education Coordinating Board for the administration of the nonresident tuition provisions of this act. The rules, regulations, and interpretations promulgated by the Coordinating Board shall be furnished to the presidents or administrative heads of all Texas public senior and junior colleges and universities.
Sec. 54.061 The governing board of an institution of higher education may assess and collect from each nonresident student who fails to comply with the rules and regulations of the board concerning nonresident fees a penalty not to exceed $10 a semester.

Student compliance with institutional rules and regulations. Each public institution of higher education has been authorized by statute to assess and collect from students failing to comply with the provisions of the tuition statute and with these interpretations concerning nonresident fees a penalty not to exceed $10 a semester. In addition, if students have obtained residence classification by virtue of deliberate concealment of facts or misrepresentation of fact, they may be subject to appropriate disciplinary action in accordance with the rules and regulations that may be adopted by the governing boards of the respective institutions of higher education.

University Regulations

Effect of absence from the University. Every student returning to the University after an absence of more than one semester is required to file a residence questionnaire on a form available from the Office of Admissions.

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28 August 1996. Registrar's Web Team
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