Appendix A. Residency Regulations
Statute: Sec. 54.052(e) An individual who is eighteen 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 eighteen 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. An individual who is self-employed or employed as a homemaker within the home may be considered gainfully employed for tuition purposes. 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.
If the parents or legal guardians of an individual eighteen years of age or older move out of state and continue to claim the individual as a dependent for tax purposes, the individual continues to have the residence of the parents or guardians. If the individual remains in Texas, he or she may claim residency for tuition purposes as an independent student after twelve months have passed from the end of the last calender year in which the parents or guardians claimed the student as a dependent.
Retention of residence. If the parents of an individual eighteen years of age or older move out of the state and immediately cease claiming the student as a dependent for federal tax purposes, the individual may retain his or her claim to Texas residency for tuition purposes if he ir she remains in Texas and begins filing federal income tax returns as an independent student.
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 who has come from outside Texas and registered in a Texas public higher education 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, 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. If the spouse or dependent child of an individual transferred to Texas under conditions qualifying the family for the Economic Development and Diversification waiver of nonresident tuition enrolls in a Texas institution of higher education prior to the physical relocation of the family, the spouse or child may receive the waiver if he or she provides the institution proof from the employer of their intent and expectation of the family's relocation to Texas prior to the end of the semester in which the waiver is granted. Continuation of the waiver for a second term depends on written proof from the employer that the family has moved to the state as expected.
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 if other evidence indicates they have established domicile in the state of Texas. 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, presence in the state as part of a household transferred to Texas by an employer or as part of a household moved to the state to accept employment offered in Texas, 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 for tuition and admission purposes 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.
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12 August 2003. Office of the Registrar
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