The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(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
(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
(4) Core Residency Questions--The questions promulgated
by the Board to be completed by a person and used by an institution
to determine if the person is a Texas resident. For enrollments prior
to the 2008-2009 academic year, institutions may use the core questions
developed and distributed by the Board in 1999 or later, including
the core questions included in the ApplyTexas Application, or the
core questions set forth in current Board rules or posted on the Texas
Higher Education Coordinating Board web site. The core questions to
be used for enrollments on or after the 2008-2009 academic year shall
be the core questions in the ApplyTexas Application or core questions
posted on the Board web site.
(5) 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.
(6) Domicile--A person's principal, permanent residence
to which the person intends to return after any temporary absence.
(7) 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.
(8) 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.
(9) Erroneously classifies a person as a nonresident--An
action done if an institution, in spite of information to the contrary
that is provided by the student by the census date of a given semester,
fails to classify an otherwise eligible student as a resident.
(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) Financial need--An economic situation that exists
for a student when the cost of attendance at an institution of higher
education is greater than the resources the family has available for
paying for college. In determining a student's financial need an institution
must compare the financial resources available to the student to the
institution's cost of attendance.
(12) 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 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.
(13) General Academic Teaching Institution--As the
term is defined in Texas Education Code, §61.003.
(14) Independent institution--As defined in Texas Education
(15) 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).
(16) Legal guardian--A person who is appointed guardian
under the Texas Probate Code, Chapter 693, or a temporary or successor
(17) Maintain domicile--To physically reside in Texas
such that the person intends to always return to the state after a
temporary absence. The maintenance of domicile is not interrupted
by a temporary absence from the state, as provided in paragraph (30)
of this section.
(18) 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.
(19) Nonresident tuition--The amount of tuition paid
by a person who does not qualify as a Texas resident under this subchapter
unless such person qualifies for a waiver program under Subchapter
SS of this title (relating to Waiver Programs for Certain Nonresident
(20) Nontraditional secondary education--A course of
study at the secondary school level in a nonaccredited private school
setting, including a home school.
(21) 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.
(22) Possessory conservator--A natural or adoptive
parent appointed by court order issued under the Texas Family Code,
(23) Private high school--A private or parochial school
(24) Public technical institute or college--The Lamar
Institute of Technology or any campus of the Texas State Technical
(25) Regular semester--A fall or spring semester, typically
consisting of 16 weeks.
(26) Residence--A person's home or other dwelling place.
(27) 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.
(28) Resident tuition--The amount of tuition paid by
a person who qualifies as a Texas resident under this subchapter.
(29) Residential real property--Real property on which
a dwelling is located.
(30) Temporary absence--Absence from the State of Texas
by a person who has established domicile in the state, with the intention
to return, generally for a period of less than five years. 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 or her domicile.
(31) 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
|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