| (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,
or proof of other earned income such as pensions, veterans' benefits,
social security, and savings from previous earnings for 12 consecutive
months prior to the census date. 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.
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| Source Note: The provisions of this §21.24 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 November 23, 2016, 41 TexReg 9133 |
