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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 21STUDENT SERVICES
SUBCHAPTER BDETERMINATION OF RESIDENT STATUS
RULE §21.24Determination of Resident Status

(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, as an alternative to high school graduation, 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) The student has the burden of proof to show by clear and convincing evidence that residence or domicile, as appropriate, has been established and maintained in accordance with subsection (a) of this section.

(c) 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) an eligible nonimmigrant who holds one of the types of visas posted on the Coordinating Board's web site;

  (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, Special Agricultural Worker, 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.

(d) 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.

(e) Although not conclusive or exhaustive, the following factors occurring throughout at least 12 consecutive months immediately preceding 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 and maintain domicile in Texas:

  (1) sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent's parent, having established and maintained domicile at that residence;

  (2) ownership and customary management of a business, by the person seeking to enroll or the dependent's parent, in Texas which is regularly operated without the intention of liquidation for the foreseeable future;

  (3) gainful employment in Texas by the person seeking to enroll or the dependent's parent;

  (4) marriage, by the person seeking to enroll or the dependent's parent, to a person who has established and maintained domicile in Texas.

(f) 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.

(g) 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.

(h) 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.


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

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