Appendix A. Residency Regulations
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 out-of-state 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").
Statute: Sec. 54.058
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 domicile 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 domicile in that state because their presence is not voluntary but under military or Public Health Service orders.
Change of domicile 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, including evidence of abandonment of domicile of original entry, evidence of establishment of domicile in Texas, and proof that Texas has remained the individual's domicile when stationed outside of Texas after having established Texas as his or her domicile.
Abandonment of domicile of original entry is evidenced by the establishment of a domicile in Texas. Establishment of a domicile in Texas requires twelve consecutive months assignment to the state, during which the military member must simultaneously file the appropriate documentation to change his or her military records to reflect Texas as the state of legal residence. Other actions may be considered in determining whether a domicile has been established in Texas. If four of the following actions have been taken by the military member at least twelve months immediately prior to the date of enrollment and continue to be in effect, the member has established a domicile in Texas:
To prove that Texas has remained as his or her domicile when stationed outside of Texas, an individual must provide evidence that he or she was a Texas resident upon entry into the service and that Texas continues to be his or her state of record with the military. If he or she has established a domicile in Texas while in the service, in accordance with Texas Education Code section 54.508(d), the member must currently meet at least three of the following criteria to qualify to pay the resident tuition rate at a public institution of higher education:
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. 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. A former member of the U S armed forces or the former member's spouse or dependent child is entitled to pay the tuition fees and other fees or charges provided for Texas residents for any term or semester at a public institution of higher education that begins before the first anniversary of the member's separation from the armed forces if the former member has retired or been honorably discharged from the armed forces and has complied with the requirements of Texas Education Code 54.058(d).
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.
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