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(VI)have a will or other legal documents on file in Texas that indicate residence in Texas; (VII)have membership in professional organizations or other state organizations; and/or (VIII)establish a business in Texas. (G)Honorably Discharged Veterans. A former member of the U.S. Armed Forces or Commissioned Officer of the Public Health Service and his/her spouse and children are entitled to pay the resident tuition rate for any term beginning prior to the first anniversary of separation from the military or health service if the former member has (i)filed proper documentation with the military or Public Health Service to change his/her permanent residence to Texas and designated Texas as his/her place of legal residence for income tax purposes; (ii)registered to vote in Texas, and (iii)shows one of the following three things has been in effect for the full 12 months prior to the first day of the relevant term or semester: (I)ownership of real estate in Texas with no delinquent property taxes; (II)registration of an automobile in Texas, or (III)execution of a currently-valid will that indicates he/she is a resident of Texas that has been deposited with a county clerk in Texas. (H)Previous Recipients of Military Waivers. 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 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. (I)ROTC Students. A nonresident student who is a member of an ROTC unit must pay nonresident tuition until such time he or she signs a contract that cannot be terminated by the student and that obligates the student to serve a period of active duty in the U.S. Armed Forces. Once the student has signed such a contract, he or she has the same rights for qualifying to pay the resident rate as has a member of the U.S. Armed Forces. (J)NATO Forces. Foreign individuals stationed in Texas in keeping with the agreement between the parties to the North Atlantic Treaty regarding status of forces, their spouses and dependent children, are entitled to pay the same tuition rate as residents of Texas. (K)Radiological Science Students at Midwestern State University. Members of the U.S. Armed Forces stationed outside the State of Texas who are enrolled in a bachelor of science or master of science degree program in radiological sciences at Midwestern State University by instructional telecommunication will be entitled to pay tuition and other fees or charges provided for Texas residents if they began the program of study while stationed at a military base in Texas.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on November 17, 2003
TRD-200307885 Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: December
7, 2003
Proposal publication date: August 15, 2003
For further information, please call: (512) 427-6114
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