Current through Reg. 49, No. 38; September 20, 2024
(a) The
following persons shall be classified as Texas residents and entitled to pay
resident tuition at all institutions of higher education:
(1) a person who:
(A) graduated from a public or accredited
private high school in this state or received the equivalent of a high school
diploma in this state, including the successful completion of a nontraditional
secondary education, and
(B)
maintained a residence continuously in this state for:
(i) the thirty-six months immediately
preceding the date of graduation or receipt of the diploma equivalent, as
applicable; and
(ii) the 12 months
preceding the census date of the academic semester in which the person enrolls
in an institution.
(2) a person who:
(A) established domicile in this state not
less than 12 months before the census date of the academic semester in which
the person enrolls in an institution; and
(B) maintained domicile continuously in the
state for the 12 months immediately preceding the census date of the academic
semester in which the person enrolls in an institution.
(3) a dependent whose parent:
(A) established domicile in this state not
less than 12 months before the census date of the academic semester in which
the person enrolls in an institution; and
(B) maintained domicile continuously in the
state for the 12 months immediately preceding the census date of the academic
semester in which the person enrolls in an institution.
(b) Texas Residency: The following
is a list of documents that may provide support to a claim of physical
residence in Texas.
(1) Utility bills for the
12 consecutive months preceding the census date;
(2) Cancelled checks that reflect a Texas
residence for the 12 consecutive months preceding the census date;
(3) A current credit report that documents
the length and place of residence of the person or the dependent's parent to be
in Texas and the length of residence to be at least 12 consecutive months
preceding the census date;
(4)
Texas voter registration card that was issued at least 12 months prior to the
census date;
(5) Lease or rental
of residential real property in the name of the person or the dependent's
parent for the 12 consecutive months immediately preceding the census date;
(6) Texas high school transcript
for full senior year immediately preceding the census date or a transcript from
a Texas institution of higher education showing presence in the state for the
12 consecutive months preceding the census date.
(c) The student has the burden of proof to
show by clear and convincing evidence that domicile has been established and
maintained as required by subsections (a)(2) and (a)(3) of this
section.
(d) The following non-U.
S. citizens are eligible to establish and maintain domicile in this state for
the purposes of subsection (a)(2) or (3) of this section:
(1) a Permanent Resident;
(2) a person who is eligible for permanent
resident status, as defined in §
21.22(7)
of this title (relating to Definitions);
(3) a nonimmigrant who holds one of the types
of visas identified as eligible to domicile;
(4) a person classified by the USCIS as a
Refugee, Asylee, Parolee, Conditional Permanent Resident, or Temporary
Resident;
(5) a person holding
Temporary Protected Status, and Spouses and Children with approved petitions
under the Violence Against Women Act (VAWA), an applicant with an approved
USCIS I-360, and a person granted deferred action status by USCIS;
(6) a person who has filed an application for
Cancellation of Removal and Adjustment of Status under Immigration Nationality
Act 240A(b) or a Cancellation of Removal and Adjustment of Status under the
Nicaraguan and Central American Relief Act (NACARA), Haitian Refugee Immigrant
Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has been issued a
fee/filing receipt or Notice of Action by USCIS; and
(7) a person who has filed for adjustment of
status to that of a person admitted as a Permanent Resident under
8
United States Code 1255, or under the
"registry" program (8
United States Code 1259), or the Special
Immigrant Juvenile Program (8 USC
1101(a)(27)(J)) and has been
issued a fee/filing receipt or Notice of Action by USCIS.
(e) The domicile of a dependent's parent is
presumed to be the domicile of the dependent unless the dependent establishes
eligibility for resident tuition under subsection (a)(1) of this
section.
(f) Although not
conclusive or exhaustive, the following factors occurring throughout a
consecutive 12-month period prior to the census date of the semester in which a
person seeks to enroll may lend support to a claim regarding his/her intent to
establish domicile in Texas. Continued presence in the state from the end of
that period until the census date of the semester in which a person seeks to
enroll, except for temporary absences as defined in §21.22(28), may lend
support to a claim of maintaining domicile in Texas:
(1) Establishment of Domicile:
(A) Significant Gainful Employment:
(i) An employer's statement of dates of
employment in Texas (beginning and current or ending dates) that encompass at
least 12 consecutive months prior to the census date of the term in which the
person enrolls or pay stubs for 12 consecutive months prior to the census date,
reflecting significant gainful employment in Texas. However, employment
conditioned on student status, such as work study, the receipt of stipends,
fellowships, or research or teaching assistantships does not constitute gainful
employment for the purposes of this subchapter.
(ii) For a person who is unemployed and
living on public assistance, written statements from the office of one or more
social service agencies located in Texas that attest to the provision of
services to the person for the 12 consecutive months prior to the census date
of the term in which the person enrolls.
(B) Residential Real Property. Sole or joint
marital ownership of residential real property in Texas with documentation to
verify 12 consecutive months of ownership prior to the census date of the term
in which the person enrolls, such as a Warranty Deed, with the person or the
dependent's parent having established and maintained domicile at that
residence.
(C) Marriage to a
Person who has Established and Maintained Domicile in Texas. Marriage
Certificate or Declaration of Registration of Informal Marriage with
documentation to support that spouse has established and maintained domicile in
Texas for 12 consecutive months prior to the census date of the term in which
the person enrolls.
(D) Ownership
of a Business Entity. Documents that evidence the organization of the business
in Texas that reflect the ownership interest of the person or dependent's
parent, and the customary management of the business by the person or
dependent's parent without the intention of liquidation for the foreseeable
future.
(2) Maintenance
of Domicile: A person who established domicile through one of the actions
described in paragraph (1) of this subsection and continues to reside in the
State of Texas, except for temporary absences as defined in §
21.22(29)
of this subchapter, is considered to have maintained domicile in Texas for that
period of time unless he or she takes specific steps to change his or her
domicile to a different location.
(g) An individual whose initial purpose for
moving to Texas is to attend an institution of higher education as a full-time
student will be presumed not to have the required intent to make Texas his or
her domicile; however, the presumption may be overruled by clear and convincing
evidence.
(h) An individual shall
not ordinarily be able to establish domicile by performing acts which are
directly related to fulfilling educational objectives or which are required or
routinely performed by temporary residents of the State.
(i) A member of the United States Armed
Services whose Home of Record with the military is Texas is presumed to be a
Texas resident, as are his or her spouse and dependent children. A member whose
Home of Record is not Texas but who provides the institution Leave and Earnings
Statements that show the member has claimed Texas as his or her place of
residence for the 12 consecutive months prior to enrollment is presumed to be a
Texas resident, as are his or her spouse and dependent children.
