Appendix A. Residency Regulations
Under state statutes and Texas Higher Education 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. The Coordinating Board Rules and Regulations for Determining Residence Status are published by the board.
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 carefully review the rules 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, (512) 475-7408 or (512) 475-7407.
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. After each citation of the Education Code below, the Coordinating Board rules interpreting the statute are given. This appendix includes changes to the code that were passed by the Seventy-Eighth Legislature in May, 2003; however, at presstime the Coordinating Board rules had not yet been revised to reflect those legislative changes.
Statute: Sec. 54.052(a)(1) and (2) In this subchapter "residence" means "domicile." "Resided in" means "domiciled in."
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 eighteen 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 eighteen 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 eighteen 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. Residency of a minor or dependent is based on one of the following circumstances:
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. The residence of a person other than a parent or court-appointed 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. Also, 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 reside 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 both of the parents of dependents who have been enrolled as resident students move their residence to another state or foreign country, the dependents shall be classified as nonresidents at all subsequent registration periods. Under the provisions of Texas Education Code section 54.055, although classified as nonresidents, the minors will be entitled to pay the resident tuition fee as long as they remain continuously enrolled in a state-supported institution of higher education. Such 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 dependents who have established their legal residence in another state or foreign country return and reestablish their legal residence in Texas, the dependents must continue to 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 both of 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 a state-supported institution of higher education, but claim 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.
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12 August 2003. Office of the Registrar
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