(a)Special Conditions for Minors or Dependents. (1)Abandoned child. In the case of an abandoned child, the residence of a person who has stood in loco parentis for a period of time may determine the residence. The fact of abandonment must be clearly established and must not have been for the purpose of effecting the residence of the minor. The minor must have actually resided in the home of such person for two years immediately prior to enrolling in a Texas public institution of higher education and such person must have provided substantially all the minor's support. In the event that the in loco parentis relationship has not existed for the full two year period, a shorter period of time is acceptable in unusual hardship cases, such as death of both parents. (2)Orphans. A public institution of higher education shall classify orphans as residents if the orphans graduated from established orphans homes in Texas operated by a fraternal, religious or civic organization after living there for at least a year, and resided in Texas from the time they graduated from the home until they enrolled in the institution. (3)Emancipated Minors. A minor who has been legally emancipated may establish his or her claim to residency following the rules applicable to independent individuals 18 years of age or older. (4)Married Minors. Minors who are married may establish their own claim to residency following the rules applicable to independent individuals 18 years of age or older. (5)Minors or Dependents Enrolled before the Parents Move out of State. If a resident minor or dependent is enrolled in a public institution of higher education in Texas when the parents move out of state, the minor or dependent is eligible, although now a nonresident, to continue paying the resident tuition rate as long as he or she continues to enroll in Texas public institutions in the following fall and spring semesters. Vacation time spent with the parents does not jeopardize the students' eligibility for this waiver. The dependent or minor students must enroll for the next available fall or spring semester immediately following the parents' change of residence to another state. (b)Waivers that Allow Nonresidents to Register While Paying the Resident Tuition Rate. (1)Economic Development and Diversification. Nonresidents, (including citizens and permanent residents of the US and foreign students eligible to domicile in the United States, but excluding foreign students ineligible to domicile in the U.S.) whose families have been transferred to Texas by a company in keeping with the state's Economic Development and Diversification Program are entitled (although still nonresidents) to pay the resident tuition rate as soon as they move to Texas if they provide the college a letter of intent to establish Texas as their home. If a semester begins before the rest of the family moves to the state, the student may register and pay the resident tuition rate if he/she provides the college a letter from the company, indicating the family will move to Texas prior to the end of the given semester. However, in order to pay resident tuition for a second semester, the student will have to give the college a letter from the company, indicating the family has, indeed, moved to Texas. After the family has resided in Texas 12 months, the student is eligible to apply for reclassification as a resident. A current list of eligible companies is maintained on the Coordinating Board web site at www.collegefortexans.com. (2)Teachers, Professors, their Spouses and Dependents. Nonresidents (including citizens and permanent residents of the U.S. and all foreign students) employed as teachers and professors at least half time on a regular monthly salary basis (not as hourly employees)by public institutions of higher education in Texas are entitled to pay the resident tuition rate at any public institution of higher education in the state for themselves, their spouses and children regardless of how long they have lived in the state. It is the intent of this rule that the employment and waiver last for the same period of time. If the spouse or children attend an institution other than the one employing the teacher or professor, they must provide proof of his or her current employment to the college they attend. (3)Research and Teaching Assistants, their Spouses and Dependents. Nonresidents (including citizens and permanent residents of the U.S. and all foreign students) employed by public institutions of higher education as research or teaching assistants on at least a half-time basis in a position related to their degree programs are entitled to pay the resident tuition rate at any public institution of higher education in the state for themselves, their spouses and children regardless of how long they have lived in the state. The institutions that employ the students shall determine whether or not the students' jobs relate to their degree programs. It is the intent of this rule that the employment and waiver last for the same period of time. If the spouse or children attend an institution other than the one employing the research or teaching assistant, they must provide proof of his or her current employment to the college they attend. (4)Competitive Scholarship Recipients. (A)Nonresidents (including citizens and permanent residents of the U.S. and all foreign students) who receive eligible competitive scholarships from their institutions totaling at least $1,000 may be granted a waiver of nonresident tuition for the period of time covered by the scholarship, not to exceed 12 months. (B)To be eligible as the basis of a waiver, the scholarship(s) must meet the following criteria: (i)be granted by a scholarship committee authorized in writing by the institution's administration to grant scholarships that hold the waiver option; (ii)be granted in keeping with criteria published in the institution's catalog, available to the public in advance of any application deadline; (iii)be granted under circumstances that cause both the funds and the selection process to be under the control of the institution; (iv)be open to both resident and nonresident students. (C)A waiver based on a competitive scholarship lasts for the period of the scholarship (up to a 12-month period). The scholarship award must specify the term or terms in which the scholarship will be in effect. If the scholarship is terminated, so is the waiver. If the scholarship is to be issued in multiple disbursements and less than $1,000 is issued when a scholarship is terminated, the student does not owe a refund for the tuition that has been waived, since the waiver was originally made in a good faith expectation of a scholarship of at least $1,000, but the waiver is canceled for the terms for which the scholarship is canceled. (D)The total number of students receiving waivers on the basis of competitive scholarships in any given term may not exceed 5 percent of the students enrolled in the same semester in the prior year. (E)If the scholarship recipient is concurrently enrolled at more than one institution, the waiver of nonresident tuition is only effective at the institution awarding the scholarship. An exception for this rule exists for a nonresident student who is simultaneously enrolled in two or more institutions of higher education under a program offered jointly by the institutions under a partnership agreement. If one of the partnership schools awards the student a competitive scholarship-based waiver, the student is also entitled to a waiver at the second institution. (F)If a nonresident or foreign student holds a competitive academic scholarship or stipend and is accepted in a clinical biomedical research training program designed to lead to both a doctor of medicine and doctor of philosophy degree, he or she is eligible to pay the resident tuition rate. (5)Homeless Individuals. A homeless individual who resides in Texas for the 12-month period immediately preceding the date of registration, but who does not have a permanent residence in Texas, may enroll in vocational education courses at a public junior college by paying the resident tuition rate. Documentation for a homeless individual may consist of written statements from the office of one or more legitimate social service agencies located in Texas, attesting to the provision of services to the homeless individual over the previous 12-month period. (6)Lowered Tuition for Individuals from Bordering States or Mexico. (A)Based on Reciprocity. Waivers of nonresident tuition made through each of the following three programs for students from states neighboring Texas must be based on reciprocity. In other words, the Texas institution cannot lower tuition for in-coming students unless it has on file a current written agreement with a similar school in the other state, to lower tuition for Texas students attending there. A participating Texas institution is required to file a copy of such agreements with the Coordinating Board. To be valid, the agreements may not be more than 2 years old. The amount charged in-coming nonresident students through these programs may not be less than the Texas resident tuition rate. (i)New Mexico, Oklahoma, Arkansas or Louisiana students may pay a lowered nonresident tuition when they attend Texas A&M -Texarkana, Lamar-Port Arthur, Lamar-Orange or any public community or technical college located in a county adjacent to their home state, if the institution they attend has a current reciprocal agreement with a similar institution in the student's home state. (ii)New Mexico and Oklahoma students may pay a lowered nonresident tuition when they attend a public technical college located within 100 miles of the border of their home state, if the institution they attend has a current reciprocal agreement with a similar institution in the student's home state. (iii)Students from counties or parishes of New Mexico, Oklahoma, Arkansas or Louisiana adjacent to Texas may pay a lowered nonresident tuition when they attend any public institution in Texas, if the institution has a current reciprocal agreement with a similar institution in the student's home state. (iv)Students who Move to Texas from Bordering States. If a dependent student's family or an independent student from a bordering state moves to Texas after the student has received a waiver of nonresident tuition based on reciprocity as described in this section, the student is eligible for a continued waiver for the 12-month period after the relocation to Texas. After that time, however, the student shall be reclassified as a nonresident unless he or she applies for reclassification and proves he or she has become a resident in keeping with these rules. (B)Programs that do not Require Reciprocity. (i)Undergraduate students from New Mexico, Oklahoma, Arkansas, Louisiana or other states within 135 miles of the Texas border may pay a lowered nonresident tuition when they attend a public university located within 100 miles of the Texas border if the Coordinating Board has approved the institution to participate in the program. (ii)New Mexico, Oklahoma, Arkansas or Louisiana students who have graduated or completed 45 semester credit hours while enrolled on a reciprocal basis through Texarkana College may pay the resident tuition rate if they attend Texas A&M-Texarkana. (C)Programs for Residents of Mexico. (i)Residents of Mexico are those individuals who currently live in Mexico and individuals who are living outside of Mexico temporarily and with definite plans to return. Students planning to stay in the United States indefinitely are not residents of Mexico. (ii)An unlimited number of residents of Mexico who have financial need may attend a public university or TSTC campus located in a county adjacent to Mexico, TAMU-Corpus Christi, TAMU-Kingsville, the University of Texas at San Antonio or Texas Southmost College while paying the resident tuition rate. (iii)A limited number of residents of Mexico who have financial need may attend a public university located in counties away from the Mexico border while paying the resident tuition rate. The program is limited to the greater of two students per 1000 enrollment, or 10 students. (iv)A resident of Mexico with financial need may register in courses that are part of a graduate degree program in public health conducted in a county immediately adjacent to Mexico and pay the resident tuition rate. (7)Beneficiaries of the Texas Tomorrow Fund. The tuition and required fees charged by an institution of higher education for semester hours and fees that are paid for by a prepaid tuition contract shall be determined as if the beneficiary of that contract is a resident student. If a student is a nonresident, any tuition and fees not paid by the contract will be assessed at the nonresident rate. (8)Inmates of the Texas Department of Criminal Justice. All inmates of the Texas Department of Criminal Justice are Texas residents for tuition purposes only. (9)Foreign Service Officers. A foreign service officer employed by the U.S. Department of State and enrolled in an institution of higher education is entitled to pay resident tuition and fees if the person is assigned to an office of the department of state that is located in Mexico. (10)Registered Nurses in Postgraduate Nursing Degree Programs. An institution of higher education may permit a registered nurse authorized to practice professional nursing in Texas to register by paying resident tuition and fees without regard to the length of time the registered nurse has resided in Texas if he/she (A)is enrolled in a program designed to lead to a master's degree or other higher degree in nursing; and (B)intends to teach in a program in Texas designed to prepare students for licensure as registered nurses. (11)Members of the U.S. Armed Forces, Army National Guard, Air National Guard, and Commissioned Officers of the Public Health Service. (A)Assigned to Duty in Texas. Nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service who are assigned to duty in Texas are entitled to pay the resident tuition rate for themselves, their spouses and dependent children. To qualify, the student must submit at least once a year a statement from an appropriately authorized officer in the service, certifying that he or she (or a parent or court-appointed legal guardian) will be assigned to duty in Texas at the time of enrollment and is not a member of the National Guard or Reserves who will be in Texas only to attend training with Texas units. (B)First Assignment after Texas. The spouses and dependent children of nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service are entitled to pay the resident tuition rate during the members' first assignment after duty in Texas. To qualify, the spouse and children must reside continuously in Texas. (C)Out-of-State Military. The spouse and dependents of nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service stationed outside of Texas are entitled to immediately start paying the resident tuition rate in Texas if they move to this state, [and] file a statement of intent to become permanent residents of Texas with the public institution of higher education they attend. (D)Survivors. The spouse and dependents of nonresident members of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officers of the Public Health Service who die while in service are entitled to pay the resident tuition rate if they move to Texas within 60 days of the date of death. To qualify, the students shall submit satisfactory evidence to the institution, establishing the date of death and current residence in Texas. (E)Spouse and Dependents who Previously Lived in Texas. The spouse and dependent children of a nonresident member of the U.S. Armed Forces, members of Texas units of the Army or Air National Guard, or Commissioned Officer of the Public Health Service who previously resided in Texas for at least 6 months may establish residency for tuition purposes if the member or commissioned officer (at least 12 months prior to the family member's enrollment): (i)filed proper documentation with the military or Public Health Service to change his/her permanent residence to Texas and designates 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. (F)Members Who Change their Residency to Texas. A member of the U.S. Armed Forces whose state of record is not Texas may change his/her residency to Texas if he/she does the following things at least 12 months prior to the member's enrollment: (i)files proper documentation with the military to change his/her permanent residence to Texas, and (ii)meets four of the 8 conditions listed below for the 12 months prior to enrollment: (I)purchase a residence in Texas and claim it as a homestead; (II)register to vote in Texas; (III)register an automobile in Texas; (IV)maintain a Texas driver's license; (V)maintain checking, savings or safety deposit box in Texas; (VI)have a will or other legal documents on file in Texas that indicate residence in Texas; Cont'd...
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