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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 21STUDENT SERVICES
SUBCHAPTER BDETERMINATION OF RESIDENT STATUS
RULE §21.22Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Census date--The date in an academic term for which an institution is required to certify a person's enrollment in the institution for the purposes of determining formula funding for the institution.

  (2) Clear and Convincing Evidence--That degree of proof that will produce a firm conviction or a firm belief as to the facts sought to be established. The evidence must justify the claim both clearly and convincingly.

  (3) Coordinating Board or Board--The Texas Higher Education Coordinating Board.

  (4) Core Residency Questions--The questions promulgated by the Board to be completed by a person and used by an institution as a significant aid in determining if the person is a Texas resident. The core questions shall be those set forth in the ApplyTexas Application or posted on the Board web site.

  (5) Deferred action--Discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. An individual who has received deferred action is authorized by Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.

  (6) Dependent--A person who:

    (A) is less than 18 years of age and has not been emancipated by marriage or court order; or

    (B) is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986.

  (7) Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence.

  (8) Eligible for Permanent Resident Status--A person who has filed an I-485 application for permanent residency and has been issued a fee/filing receipt or notice of action by the United States Citizenship and Immigration Services (USCIS) showing that his or her I-485 has been reviewed and has not been rejected.

  (9) Eligible Nonimmigrant--A person who has been issued a type of nonimmigrant visa by the USCIS that permits the person to establish and maintain domicile in the United States.

  (10) Established domicile in Texas--Physically residing in Texas, with the intent to maintain domicile in Texas, for at least the 12 consecutive months immediately preceding the census date of the term of enrollment, allowing for documented temporary absences.

  (11) Gainful employment--Employment intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the individual's tuition, fees and living expenses as determined in keeping with the institution's student financial aid budget or that represents an average of at least twenty hours of employment per week. A person who is self-employed or who is living off his/her earnings (present or past - such as pensions, veterans' benefits, social security, and savings from previous earnings) may be considered gainfully employed for purposes of establishing residency, as may a person whose primary support is public assistance. 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 purposes of residency determination.

  (12) General Academic Teaching Institution--As defined in Texas Education Code §61.003(3).

  (13) Independent institution--As defined in Texas Education Code §61.003(15).

  (14) Institution or institution of higher education--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code §61.003(8).

  (15) Legal guardian--A person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.

  (16) Maintain domicile--Physically residing in Texas such that the person always intends to return to the state after a temporary absence. The maintenance of domicile is not interrupted by a temporary absence from the state.

  (17) Managing conservator--A parent, a competent adult, an authorized agency, or a licensed child-placing agency appointed by court order issued under the Texas Family Code, Title 5.

  (18) Nonresident tuition--The amount of tuition paid by a person who is not a Texas resident and who is not entitled or permitted to pay resident tuition under this subchapter.

  (19) Nontraditional secondary education--A course of study at the secondary school level in a nonaccredited private school setting, including a home school.

  (20) Parent--A natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. The term would not otherwise include a step-parent.

  (21) Possessory conservator--A natural or adoptive parent appointed by court order issued under the Texas Family Code, Title 5.

  (22) Private high school--A private or parochial school in Texas.

  (23) Public technical institute--As defined in Texas Education Code §61.003(7).

  (24) Regular semester--A fall or spring semester, typically consisting of 16 weeks.

  (25) Residence--A person's home or other dwelling place; where a person resides.

  (26) Residence Determination Official--The primary individual at each institution who is responsible for the accurate application of state statutes and rules to individual student cases.

  (27) Resident tuition--The amount of tuition paid by a person who qualifies as a Texas resident under this subchapter.

  (28) Residential real property--Real property on which a dwelling fit for long-term human habitation is located.

  (29) Temporary absence--Absence from the State of Texas by a person who previously met the criteria for in-state residency, with the intention to return, generally for a period of short duration (i.e., less than one year). However, in some situations, the absence can be significantly longer. For example, the temporary absence of a person or a dependent's parent from the state for the purpose of service in the U. S. Armed Forces, U. S. Public Health Service, U. S. Department of Defense, U. S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person's ability to continue to claim that Texas is his permanent residence.

  (30) United States Citizenship and Immigration Services (USCIS)--The bureau of the U.S. Department of Homeland Security that is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.


Source Note: The provisions of this §21.22 adopted to be effective May 21, 2008, 33 TexReg 3939; amended to be effective August 25, 2008, 33 TexReg 6813; amended to be effective February 23, 2011, 36 TexReg 923; amended to be effective September 6, 2011, 36 TexReg 5682; amended to be effective February 28, 2012, 37 TexReg 1327; amended to be effective November 23, 2016, 41 TexReg 9133

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