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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 15TEXAS VETERANS COMMISSION
CHAPTER 461VETERANS EDUCATION
SUBCHAPTER AEXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
RULE §461.50Spouse's Eligibility

(a) In order to be eligible to receive the Hazlewood Act Exemption, a veteran's spouse shall demonstrate that he or she:

  (1) is the spouse of:

    (A) a member of the U.S. Armed Forces who entered the service in the State of Texas; declared Texas as his or her home of record in the manner provided by the military or other service; or was a resident of Texas when he or she entered the service and who:

      (i) was killed in action; or

      (ii) died while in service; or

      (iii) is missing in action; or

      (iv) whose death is documented to be directly caused by illness or injury related to service in the armed forces of the United States; or

      (v) is totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs; or

    (B) a member of the Texas National Guard or Texas Air National Guard who:

      (i) was killed since January 1, 1946 while on active duty either in the service of Texas or the United States; or

      (ii) is totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs.

  (2) is classified by the institution as a resident of Texas for the term or semester for which the spouse claims the Hazlewood Act Exemption.

(b) A spouse of a service-related totally disabled or individually unemployable veteran, if a continuing or transfer student, must meet the GPA requirement of the institution's satisfactory academic progress policy in a degree or certificate program as determined by the institution's financial aid policy; except the spouse is not required to enroll in a minimum course load. The spouse also must meet all other requirements of Texas Education Code §54.2001. These requirements do not apply to the spouse of a veteran who has died from a service-related injury or illness or who was classified as missing in action (MIA), or killed in action (KIA).


Source Note: The provisions of this §461.50 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753

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