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").

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

Statute:

Sec. 54.058

Military personnel are classified as provided by this section.
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.
The spouse or child 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 is entitled to pay the tuition fees and other fees or charges provided for Texas residents as long as the spouse or child resides continuously in Texas.
A spouse or dependent child of a member of the Armed Forces of the United States, who is not assigned to duty in Texas but who has previously resided in Texas for a six-month period, is entitled to pay the tuition fees and other fees and charges provided for Texas residents for a term or semester at a state institution of higher education if the member:
1. at least one year preceding the first day of the term or semester executed a document with the applicable military service that is in effect on the first day of the term or semester and that:
  1. indicates the member's permanent residence address is in Texas; and
  2. designates Texas as the member's place of legal residence for income tax purposes;
2. has been registered to vote in Texas for the entire year preceding the first day of the term or semester; and
3. satisfies at least one of the following requirements:
  1. for the entire year preceding the first day of the term or semester has owned real property in Texas and in that time has not been delinquent in the payment of any taxes on the property;
  2. has had an automobile registered in Texas for the entire year preceding the first day of the term or semester; or
  3. at least one year preceding the first day of the term or semester executed a will that has not been revoked or superseded indicating that the member is a resident of this state and deposited the will with the county clerk of the county of the member's residence under Section 71, Texas Probate Code.
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.
The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to pay the resident tuition fee if the spouse or child becomes a resident of Texas within sixty days of the date of death.
If a member of the Armed Forces of the United States is stationed outside Texas and the member's spouse or child establishes residence in Texas by residing in Texas and by filing with the Texas institution of higher education at which the spouse or child plans to register a letter of intent to establish residence in Texas, the institution of higher education shall permit the spouse or child to pay the tuition, fees, and other charges provided for Texas residents without regard to length of time that the spouse or child has resided in Texas.

A former member of the Armed Forces of the United States 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 state institution of higher education that begins before the first anniversary of the member's separation from the Armed Forces if the former member:
1. has retired or been honorably discharged from the Armed Forces; and
2. has complied with the requirements of subsection (d).
A member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to pay tuition and fees at the rate provided for Texas residents under another provision of this section while enrolled in a degree or certificate program is entitled to pay tuition and fees at the rate provided for Texas residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person's eligibility to pay tuition and fees at the rate provided for Texas residents under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.

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:

purchasing a residence and claiming it as a homestead,
registering to vote and voting in local elections,
registering automobiles in Texas and paying personal property taxes thereon,
maintaining a Texas driver's license,
maintaining checking accounts, savings accounts, safe deposit boxes in Texas,
having wills or other legal documents that indicate residence in Texas,
having membership in professional organizations or other state organizations, and/or
establishing a business 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:

owning a residence in Texas and claiming it as a homestead,
registering to vote and voting in Texas elections,
registering automobiles in Texas and paying personal property taxes thereon,
maintaining checking accounts, savings accounts, safe deposit boxes in Texas,
maintaining a Texas driver's license, and/or
having wills or other legal documents that indicate residence in Texas.

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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General Information
Table of Contents
Chapter 1 - The University
Chapter 2 - Admission
Chapter 3 - Registration, Fees, and Deposits
Chapter 4 - Academic Policies and Procedures
Chapter 5 - Student Affairs
Chapter 6 - Libraries and Other Academic Resources
Chapter 7 - The Texas Exes
Appendix A - Residency Regulations
Appendix B - Official Extracurricular Student Activities
Appendix C - Institutional Rules on Student Services and Activities
Appendix D - Policy on Sex Discrimination and Sexual Harassment
Appendix E - Policy on Sexual Misconduct
Appendix F - Prohibition of Hazing
Appendix G - Policy on AIDS and HIV Infection
Appendix H - Prohibition of Sexual Assault
Appendix I - Nondiscrimination Policy
Appendix J - Prohibition of Campus Violence
Appendix K - Student Travel Policy for University-Organized or Sponsored Events
Appendix L - Student Travel Policy for Registered Student Organizations
Appendix M - Rules of Conduct for Students for Protecting the Confidentiality of Social Security Numbers
Appendix N - Use of E-mail for Official Correspondence to Students
Statistical Summaries

Related Information
Catalogs
Course Schedules
Academic Calendars
Office of Admissions

Office of the Registrar
University of Texas at Austin

17 August 2004. Office of the Registrar

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