TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 13. FINANCIAL PLANNING

SUBCHAPTER K. DETERMINATION OF RESIDENT STATUS

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new rules in Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter K, §§13.191 - 13.203, concerning Determination of Resident Status. Specifically, this new section will consolidate existing rules relating to tuition and fees with the rules determining resident status, as the two concepts are inextricably linked, provide greater clarity to rules relating to determining resident status, and codify the current practices relating to documentation needed to establish domicile. The rules also incorporate the requirements of interpreting federal law related to establishing lawful presence as a condition of eligibility for resident tuition. The Coordinating Board is authorized by Texas Education Code, §54.075, to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B, Tuition Rates.

Rule 13.191, Authority and Applicability, is the reconstituted §21.21, and establishes the general statutory authority, Texas Education Code (TEC), §54.075, for the provisions of the subchapter and makes it clear that this new chapter applies to public, private, and independent institutions of higher education when determining a person's entitlement to resident status under any provision of the TEC.

Rule 13.192, Definitions, is the reconstituted §21.22, and establishes definitions for words and terms used throughout the subchapter and adds new terms. Definitions that now appear in Chapter 13, Subchapter A, have been removed from this section. Definitions that are no longer relevant because the corresponding rules that used the term have been revised or removed, such as "clear and convincing evidence," have also been removed. New language was added to the definition of "private high school" to specify that it includes a homeschool. The definition of "temporary absence" was modified to make clear that the phrase "short duration" applies to the length of absence and not to the intent to return to Texas. When definitions are defined in TEC, §54.0501, reference was made to the statute. References to the Probate Code were deleted because the Probate Code no longer exists in Texas. Also, the concepts of "possessory conservator" and other similar terms have been removed. In addition, a new definition for "lawful presence" was added to comply with requirements of federal law and implement a court order effective for Fall 2025 resident tuition determinations.

Rule 13.193, Effective Date of this Subchapter, is the reconstituted §21.23, and makes clear when changes to this subchapter are effective as it relates to making resident status decisions and provides clarification to institutions who made resident status determinations before the effective date.

Rule 13.194, Determination of Resident Status, is the reconstituted §21.24(a) and (e) to reflect TEC, §54.052, and to reflect a recent court order implementing the requirements of federal law. A person must be able to demonstrate, and each institution must verify, that the person is lawfully present in the United States and also meets one of the three classifications of resident status defined in TEC, §54.052(a)(1) - (3). Subsection (a)(1) contains language to clarify that a person cannot be a dependent if they seek to qualify for resident status under TEC, §54.052(a)(1). Subsection (a)(3) contains language to comply with a recent court order implementing the requirements of federal law that, in order to be eligible for in-state tuition, a person must be lawfully present in the United States, in addition to meeting the other requirements set forth in the new rule. As to the separate requirement of domicile, subsection (b) captures the presumption stated in TEC, §54.052(b), that the domicile of a dependent's parent is presumed to be the domicile of the dependent. This presumption of domicile is reiterated in rule to specifically correlate to a person who seeks to establish resident status under TEC, §54.052(a)(2).

Rule 13.195, Core Residency Questions, reconstitutes §21.25, to reflect TEC, §54.053. The Coordinating Board promulgates the core residency questions, and each person who applies to a Texas institution must complete the Core Residency questions, either through the ApplyTexas application or with the institution directly. Institutions may not derive their own set of residency questions. The requirements outlined in TEC, §54.053(1) - (3) as they relate to the determination of resident status classifications are incorporated into the core residency questions. Furthermore, this rule provides that non-citizen students seeking resident status under TEC, §54.052(a)(3) shall also provide to the institution an affidavit attesting to lawful presence so that an institution can make an initial determination of the person's resident status. Institutions may request reasonable documentation not specifically listed in these rules when that information is necessary to substantiate information a person has listed in the "general comments" section of the Core Residency Questions, which provides the opportunity for a person to provide additional information or background commentary to substantiate their resident status claim.

Rule 13.196, Information Needed to Document Resident Status, is the reconstituted §21.24(b) - (d) and (f) - (i). The rule details the documents a person must provide to demonstrate domicile as one condition of eligibility for resident status depending upon which of the two resident categories under TEC, §54.052(a)(1) - (2), for which the person is seeking to establish resident status, depending on whether the person is claiming domicile based on the person's own domicile or, in the case of a dependent, based on the domicile of the person's parent. The documentation, which must be at least one of the four options (significant gainful employment, residential real property, marriage, or ownership of a business), must be for the consecutive twelve-month period immediately preceding the census date of the academic term the person seeks to enroll at an institution.

Subsection (a) addresses the four categories of information a person may provide to demonstrate they are domiciled in Texas under TEC, §54.052(a)(1). The four categories are substantially similar to §21.24(f). Demonstrating domicile through "significant gainful employment" which is a defined term, now requires the person to show the salary they earned. For a person who is self-employed, the person must show federal tax documentation showing domicile in Texas. For Subsection (a)(2), residential real property has been broadened to account for person who leases or rents, in addition to owning property. Subsection (b) establishes that a person who has demonstrated domicile, as outlined in at least one of the four listed factors, and who resides in Texas, is considered to have been domiciled in Texas for that period of time.

Subsection (c) addresses the four categories of information a dependent may provide to an institution to demonstrate that their parents have established domicile in Texas under TEC, §54.052(a)(2). Subsection (d) establishes that a dependent whose parent has demonstrated domicile, as outlined in at least one of the four listed factors, and who resides in Texas, is considered to have been domiciled in Texas for that period of time.

The rule also details the documents a person must provide to demonstrate the person has maintained a residence as one condition of eligibility for resident status under TEC, §54.052(a)(3). The documentation, which must be at least one of the eight options (utility bills, Texas high school transcripts, Texas voter registration card, Texas vehicle registration that was issued at least twelve months immediately preceding the census date, valid Texas driver's license or Texas identification card, lease or rental of residential real property, or other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school) must be for the consecutive twelve-month period immediately preceding the census date of the academic term the person seeks to enroll at an institution. The rule also establishes that once a person demonstrates domicile under at least one of the four categories, they are considered to have maintained domiciled for that time.

Subsection (e) specifies the necessary evidence a person may use to support a claim of residence under TEC, §54.052 (a)(3)(B)(i), which mentions the "three years preceding the date of graduation or receipt of the diploma equivalent." Subsection (f) outlines options institutions may use as the necessary evidence a person may use to support a claim of residence under TEC, §54.052(a)(3)(B)(ii), which reconstitutes §21.24(b), with some changes. For example, "cancelled checks" was removed from the list to support a claim of residence under TEC, §54.052(a)(3)(B)(ii), because the use of checks is now minimal and no longer as relevant. Similarly, credit reports were also removed since reports can be delayed, there may be a cost, and the report may contain sensitive information that is not relevant to the demonstration of residency. Instead of these, the rule includes new categories of information, such as a Texas driver's license, and a broad category that allows for any other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school.

Subsection (g) maintains the clause under §21.24(g), and applies to all persons, no matter which category they seek to establish resident status under TEC, §54.052 (a)(1) - (3), in asserting that a person whose initial reason is to attend higher education in Texas is presumed not to make Texas their domicile.

Subsection (h) maintains the clause under §21.24(h), and applies to all persons, no matter which category they seek to establish resident status under TEC, §54.052(a)(1) - (3), in asserting that a person that a person may not establish domicile by fulfilling an educational objection or other activities that are generally performed only by temporary residents of Texas.

Subsection (i) maintains the clause under §21.24(i), exactly regarding the rights of members of the United States Armed Forces for purposes of the determination of Texas resident status.

Subsection (j) reinforces TEC, §54.075(b), that an institution cannot require evidence of resident status beyond what is stated in administrative rules. Subsection (k) is a reconstitution of §21.30(a), which serves as a reminder to institutions that they must retain documentation provided to them according to their record retention schedule. Current §21.24(d)(1) - (7), is no longer included in the determination of resident status rules, and former guidance that THECB may have issued on this subject is no longer relevant.

Rule 13.197, Continuing Resident Status, reconstitutes §21.26, to reflect TEC, §54.054. Once an institution classifies a person as a resident of Texas, the person is entitled to continue to be classified as a resident without submitting additional information, unless information is identified that would lead to a reclassification or the correction of an error, or if a person is not enrolled in a Texas institution for two or more consecutive regular semesters. The rule clarifies that both the person and the institution may identify information that warrants a change in resident status.

Rule 13.198, Reclassification Based on Changed or Additional Information, reconstitutes §21.27, to reflect TEC, §54.055. Reclassification is based on new or changed information. Errors in classification, including errors due to failure of a person to provide information, are addressed in subsequent sections. Institutions are permitted to reclassify a person's status from resident to nonresident, or vice-versa, based on additional or changed information. Individuals are required to provide timely information which may affect their resident or nonresident status. Such reclassification takes effect in the current semester if the reclassification occurs prior to the census date. Otherwise, it takes effect in the first succeeding academic term. A change in eligibility for resident tuition based on the June 2025, court order implementing federal law would require each institution to reclassify students and charge the correct tuition during the Fall 2025 semester.

Rule 13.199, Errors in Classification for Nonresident Tuition, reconstitutes aspects of §21.28(a), to better reflect TEC, §54.056(a). Institutions are responsible for charging a person nonresident tuition beginning with the first academic term that begins after the date the institution discovers that the institution erroneously classified a person as a Texas resident. Liability for unpaid tuition due to an error in classification is limited by §13.200, and an institution may not request payment of the unpaid tuition until the first day of the academic term after the error is discovered.

Rule 13.200, Liability for Errors in Classification, reconstitutes additional aspects of §21.28(a), to reflect TEC, §54.057 and aspects of §54.056(a). The rule outlines those situations when a person is liable for errors in classification. Persons are liable to pay the difference in resident and nonresident tuition resulting from an erroneous classification in situations where a person failed to provide new or changed information or provided false information that the person reasonably should have known would result in a change of classification. An institution may not require a person to pay unpaid tuition owed as a condition for any subsequent enrollment by the person in the institution. However, persons who do not pay the tuition for which they are liable are restricted from receiving a certificate, diploma, or transcript under certain circumstances. Persons who are entitled to permitted to have their nonresident tuition reduced to the level of resident tuition are not liable under this section.

Rule 13.201, Institutional Errors in Classification for Resident Tuition, reconstitutes §21.28(b), to reflect TEC, §54.056(b). An institution must begin charging resident tuition in the academic term in which the institution identifies that a person was erroneously classified as a nonresident and must immediately refund the amount the person paid in excess of resident tuition.

Rule 13.202, Resident Status Determination Official, reconstitutes §21.29. Each institution must employ at least one person to serve as the resident status determination official who shall be familiar with these rules and corresponding statutes, as well as applicable state and federal laws.

Rule 13.203, Required Notification Regarding Permanent Residency, reconstitutes rule §21.30(b). An institution must notify students who are not U.S. citizens or permanent residents, and who demonstrated lawful presence, of their duty to apply for permanent resident status as soon as they are able. Institutions must notify such students upon admission, annually while the student is enrolled, and upon graduation or separation from the institution.

Dr. Charles Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the improved clarity, specificity, and operability of rules relating to the determination of resident status. The proposed new rules bring the rules into compliance with recent court orders. There are limited anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed rule or information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research or analysis, may be submitted to Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new section is proposed under Texas Education Code, Section 54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.

The proposed new section affects Texas Education Code, Title 19, Part 1, Chapters 13 and 22.

§13.191. Authority and Applicability.

(a) Authority. Texas Education Code, §54.075, authorizes the Board to adopt rules to carry out the purposes of Texas Education Code, chapter 54, subchapter B, concerning the determination of resident status.

(b) Applicability. Each institution of higher education or private or independent institution of higher education shall use the provisions of this subchapter for the determination of the entitlement to resident status under any provision of the Texas Education Code.

§13.192. Definitions.

In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions), the following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise or the relevant subchapter specifies a different definition:

(1) Core Residency Questions--Board promulgated questions that a person completes for an institution's use in determining if the person is a Texas resident. The Core Residency Questions shall be included in the ApplyTexas Application and posted on the Board's website.

(2) Dependent--A person who:

(A) is less than 18 years of age and has not been emancipated by marriage or by 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 26 U.S. Code §152, regardless whether another person has claimed the dependent.

(3) Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence, as defined in Texas Education Code, §54.0501(3).

(4) Significant Gainful Employment--Employment, including self-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 person'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 living off his/her earnings (present or past- such as pensions, veterans' benefits, social security, and savings from previous earnings) may be considered gainfully employed for purposes of establishing domicile, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, internships, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for purposes of resident determination.

(5) Lawfully Present Alien--A non-U.S. citizen who seeks resident tuition and who proves by clear and convincing evidence that the alien is lawfully present in the United States as required by 8 U.S.C. §1623(a).

(6) Nonresident Tuition--The amount of tuition paid by a person who is not a Texas resident and who is not entitled or permitted to pay resident tuition under this subchapter and as defined in Texas Education Code, §54.0501(4).

(7) Parent--A natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. Parent does not include a stepparent.

(8) Private High School--A private, parochial, or home school in Texas.

(9) Regular Semester--A fall or spring regular semester typically consisting of sixteen weeks.

(10) Residence--A person's home or other dwelling unit, as defined in Texas Education Code, §54.0501(6).

(11) Resident Tuition--The amount of tuition paid by a person who is a resident of Texas, as defined in Texas Education Code, §54.0501(7).

(12) Residential Real Property--Land and improvements on it, such as a dwelling intended for long-term human habitation.

(13) Temporary Absence--When a person who has previously met the criteria for resident status but is absent only for a short duration (i.e., less than one year) from the state of Texas and the person has the intention to return to the person's domicile in Texas. Temporary absence does not include a person's or dependent's parent's service in the U.S. Armed Forces, U.S. Public Health Service, or U.S. Department of State, due to employment assignment or for educational purposes.

§13.193. Effective Date of this Subchapter.

Changes to this subchapter adopted in October 2025, are effective to resident status decisions for payment of tuition made after the census date of the fall Regular Semester, 2025. Resident status determinations made prior to the effective date of these rules are governed by the state or federal law, including those modified by court order, at the time of determination.

§13.194. Determination of Resident Status.

(a) Persons Classified as Texas Residents. Subject to other applicable provisions of this subchapter, for an institution to classify a person as a resident of Texas, the person must be able to demonstrate, and each institution shall verify, that the person is a U.S. citizen or is a lawfully present alien, and also meets one of the following categories:

(1) a person, other than a dependent, who qualifies for resident status pursuant to Texas Education Code, §54.052(a)(1), and who:

(A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the person is enrolled in an institution; and

(B) maintained that domicile continuously for the year (12 months) preceding that census date;

(2) a dependent whose parent:

(A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the dependent is enrolled in an institution; and

(B) maintained the domicile continuously for the year (12 months) preceding the census date; or

(3) a person who:

(A) is a U.S. Citizen, permanent resident, or is otherwise lawfully present in the United States, and graduated from a public or private high school in Texas or received a State of Texas Certificate of High School Equivalency or other diploma or high school degree recognized by the state; and

(B) maintained a residence continuously in Texas for:

(i) the three years (36 months) preceding the date of graduation or receipt of the diploma equivalent, as applicable; and

(ii) the year (12 months) preceding the census date of the academic term in which the person is enrolled in an institution.

(b) Presumption of Domicile. Pursuant to Texas Education Code, §54.052(b), the domicile of a dependent's parent, as established in accordance with §13.196(c) of this subchapter (relating to Information Needed to Document Resident Status), is presumed to be the domicile of the dependent, except when the person establishes eligibility of resident status under subsection (a)(3) of this section.

(c) Except as provided in subsection (d) of this section, an institution may not require a person to provide evidence of resident status beyond what is included in this subchapter.

(d) A person seeking resident tuition has the burden of proof to show by clear and convincing evidence that the person is a U.S. citizen or a lawfully present alien and has established and maintained domicile in Texas as required by subsection (a)(3) of this section. An institution may request any additional information reasonably necessary to verify that a student seeking resident tuition pursuant to Texas Education Code, §54.052(a)(3), is lawfully present. An institution may verify lawful presence by confirming an applicant's eligibility with the United States Citizenship and Immigration Services (USCIS).

§13.195. Core Residency Questions.

(a) In order for an institution to make an initial determination regarding a person's resident status under §13.194 of this subchapter (relating to Determination of Resident Status), the institution shall require each student who seeks resident tuition to complete the set of Core Residency Questions provided in Figure: 19 TAC §13.195(a), which is incorporated into this subchapter for all purposes, and evidence described in §13.196 of this subchapter (relating to Information Needed to Document Resident Status).

Figure: 19 TAC §13.195(a) (.pdf)

(b) Additionally, each student seeking resident tuition under §13.194(a)(3) of this subchapter shall also provide the institution with an affidavit in the form promulgated by the Board and provided in Figure: 19 TAC §13.195(b), which is incorporated into this subchapter for all purposes, stating that the person is able to demonstrate that he or she: is a lawfully present alien, can provide any documentation necessary for the institution to verify the contents of the affidavit required by this section, and will apply to become a permanent resident of the United States as soon as the person is eligible to do so.

Figure: 19 TAC §13.195(b) (.pdf)

(c) Clarifying Core Residency Questions. In instances where answers to the Core Residency Questions under "General Comments" are unclear, an institution may make a good faith request that a person provide reasonable documentation to support or clarify their original comments.

§13.196. Information Needed to Document Resident Status.

(a) Evidence Supporting Domicile in Texas Pursuant to Texas Education Code, §54.052(a)(1). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a person seeks to enroll at an institution in determining a person's claim of domicile in Texas.

(1) Significant Gainful Employment:

(A) An employer's statement of dates of employment and salary earned in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls showing the salary the person earned or pay stubs for twelve consecutive months immediately preceding 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 twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.

(B) 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 at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.

(C) For a person who is self-employed, federal tax documents showing significant gainful employment and domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.

(2) Residential Real Property. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, renting, or leasing, with the person having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.

(3) Marriage. Marriage certificate or declaration of registration of informal marriage with documentation to support that the spouse has established and maintained domicile in Texas for the twelve consecutive months prior to the census date of the academic term in which the person enrolls.

(4) Ownership of a Business. Documents that evidence the organization of the business in Texas for twelve consecutive months prior to the census date of the academic term in which the person enrolls that reflect the ownership interest of the person, and the customary management of the business by the person without the intention of liquidation for the foreseeable future.

(b) A person who has demonstrated domicile by satisfying at least one of the factors described in subsection (a)(1) - (4) of this section, and who continues to reside in Texas, except for temporary absences, is considered to have maintained domicile for the period of time unless the person take steps to the contrary.

(c) Evidence Supporting a Dependent Pursuant to Texas Education Code, §54.052(a)(2). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a dependent seeks to enroll at an institution in determining a dependent's parent's claim of domicile in Texas.

(1) Significant Gainful Employment of the Parent:

(A) An employer's statement of dates of employment and salary earned of the dependent's parent in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls showing the salary the dependent's parent earned or pay stubs for twelve consecutive months immediately preceding 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 twelve consecutive months immediately preceding the census date the dependent enrolls.

(B) For a dependent's parent 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 dependent's parent for the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.

(C) For a dependent's parent who is self-employed, federal tax documents showing domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.

(2) Residential Real Property of the Parent. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing with the dependent's parent having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.

(3) Marriage of the Parent. Marriage certificate or declaration of registration of informal marriage with documentation to support that the dependent's parent's spouse has established and maintained domicile in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.

(4) Ownership of a Business of the Parent. Documents that evidence the organization of the business in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls, that reflect the ownership interest of the dependent's parent, and the customary management of the business by the dependent's parent without the intention of liquidation for the foreseeable future.

(d) A dependent whose parent who has demonstrated domicile by satisfying at least one of the factors described in subsection (c)(1) - (4) of this section, and who continues to reside in Texas, except for temporary absences, the dependent is considered to have maintained domicile for the period of time unless the person take steps to the contrary.

(e) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(i). Each institution should accept a person's high school transcript, GED, or receipt of diploma equivalent showing three years of attendance at a public or private high school in Texas before graduation or receipt of diploma equivalent as evidence supporting a person's claim of residence in Texas. In cases where there may be a gap between a person's high school transcript, GED, or receipt of diploma equivalent, and the person is seeking to establish continuous residence for the three year period, the person shall use the factors listed in subsection (f) of this section.

(f) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(ii). Each institution shall use at least one of the following evidence in determining a person's claim of residence in Texas:

(1) Utility bills for the twelve consecutive months immediately preceding the census date;

(2) Texas high school transcript(s) for the person's full senior year or twelve months immediately preceding the census date;

(3) Texas voter registration card that was issued at least twelve months preceding the census date;

(4) Texas vehicle registration that was issued at least twelve months immediately preceding the census date;

(5) Possession of a valid Texas driver's license or Texas identification card that was issued at least twelve months immediately preceding the census date;

(6) Lease or rental of residential real property in the name of the person for the twelve consecutive months immediately preceding the census date; or

(7) any other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school.

(g) A person whose initial purpose for moving to Texas is to attend an institution 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) A person shall not 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) Members of the United States Armed Forces. 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 twelve consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her spouse and dependent children.

(j) An institution may not require a person to provide evidence of resident status beyond what is included this subchapter.

(k) Documentation provided to an institution in accordance with this subchapter, must be retained by the institution in paper or electronic format as required by the institution's record retention schedule.

§13.197. Continuing Resident Status.

(a) Except as provided under subsection (b) of this section, a person classified by an institution as a resident of Texas under this subchapter may, without submitting the information required by §13.195 and §13.196 of this subchapter (relating to Core Residency Questions and Information Needed to Document Resident Status, respectively), be classified as a resident by any institution in each subsequent academic term in which the person enrolls unless the person provides information to the institution, or the institution identifies information, including a change in fact or law, that indicates a change in resident status is appropriate or required as indicated in §13.198 or §13.199 of this subchapter (relating to Reclassification Based on Changed or Additional Information and Errors in Classification for Nonresident Tuition, respectively).

(b) If a person is not enrolled in an institution for two or more consecutive regular semesters, then the person must reapply for resident status and shall submit the information required in §13.195 and §13.196 of this subchapter and satisfy all the applicable requirements to establish resident status.

§13.198. Reclassification Based on Changed or Additional Information.

(a) An institution may reclassify a person previously classified as a resident or nonresident under this subchapter based on additional or changed information.

(b) If a person discovers additional or changed information which may affect their resident or nonresident classification status, the person shall timely provide the information to the institution.

(c) If a person is initially classified as a nonresident, the person may request reclassification by providing the institution with the documentation described in §13.195 and §13.196 of this subchapter (relating to Core Residency Questions and Information Needed to Document Resident Status, respectively).

(d) Any change made under this section shall apply to the first succeeding academic term in which the person is enrolled, if the change is made on or after the census date of that academic term. If the change is made prior to the census date, it will apply to the academic term in which the change was made.

§13.199. Errors in Classification for Nonresident Tuition.

(a) If an institution erroneously classified a person as a Texas resident and the person is not entitled or permitted to pay resident tuition, liability for payment of nonresident tuition is as outlined in this subchapter:

(1) the institution shall charge nonresident tuition to the person beginning with the first academic term that begins after the date the institution discovers the error; and

(2) the person is liable for the difference between resident and nonresident tuition for each academic term in which the person paid resident tuition as a result of the error in classification.

(b) Liability is Limited. An institution is limited to the provisions outlined in §13.200 of this subchapter (relating to Liability for Errors in Classification) for the sanction of a student based on unpaid tuition owed by a person due to errors in classification for nonresident tuition.

(c) Regardless of whether the person is still enrolled at the institution, not earlier than the first day of the academic term that begins after the date the institution discovers the error, the institution may request the person to pay the difference between resident and nonresident tuition.

§13.200. Liability for Errors in Classification.

(a) The following persons are liable to pay the difference between resident and nonresident tuition for each academic term in which the person paid resident tuition as the result of an error in classification under this subchapter:

(1) A person who, upon receiving information that the person reasonably should have known would be relevant to or could lead to a correction or reclassification of the person's resident or nonresident classification status, failed to provide the information to the institution in a timely manner;

(2) A person who knowingly provided false information to the institution that the person reasonably knew or should have known could lead to an error in classification by the institution under this subchapter; or

(3) A person whose institution received or discovered information relevant to, or could lead to, a correction of a person's resident or nonresident classification status.

(b) The person liable under subsection (a) of this section shall pay the applicable amount to the institution not later than the 30th day after the date the institution notified a person of the person's liability for the amount owed. After receiving the notice and until the amount is paid in full, the person is not entitled to receive from the institution a certificate or diploma, if not yet awarded on the date of the notice, or official transcript that is based at least partially on or includes credit for courses taken while the person was erroneously classified as a Texas resident. An institution may not withhold a transcript if prohibited by federal law.

(c) Subsequent Enrollment. An institution may not require a person to pay unpaid tuition owed as a condition for any subsequent enrollment by the person in the institution.

(d) A person who an institution erroneously classified as a resident of Texas but who is entitled or permitted to have their nonresident tuition reduced to the same amount as resident tuition is not liable for the difference between resident and nonresident tuition under this section.

§13.201. Institutional Errors in Classification for Resident Tuition.

(a) Regardless of the reason for the error, if an institution erroneously classifies a person as a nonresident, the institution shall charge resident tuition to the person beginning with the academic term in which the institution discovers the error.

(b) If an institution incorrectly charged or classified a person as liable for nonresident tuition when the student was entitled to pay resident tuition, the institution shall immediately refund the amount of tuition the person paid in excess of resident tuition.

§13.202. Resident Status Determination Official.

Each institution shall designate at least one individual who is employed by the institution as a Resident Status Determination Official who shall be knowledgeable of the requirements set out in this subchapter and the applicable statutes, including state and federal law, and who is responsible for determining the resident status of students at the institution.

§13.203. Required Notification Regarding Permanent Residency.

Each institution shall provide a notification to each student who demonstrated that the student is a lawfully present alien of the student's obligation to apply for Permanent Resident status as soon as the student is eligible to do so, pursuant to Texas Education Code, §54.053(3)(B). An institution shall provide this notification to each applicable student upon admission, annually while the student is enrolled, and upon graduation or separation from the institution.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 26, 2025.

TRD-202503087

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: October 5, 2025

For further information, please call: (512) 427-6365

SUBCHAPTER L. ENGINEERING SUMMER PROGRAM

19 TAC §§13.200 - 13.202

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter L, §§13.200 - 13.202, concerning Engineering Summer Program. Specifically, this repeal will eliminate rules related to a program that is not currently funded and has not been funded in recent years.

The Coordinating Board is authorized by Texas Education Code, §61.027, to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be eliminating rules related to a program that is not currently funded and has not been funded in recent years. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Dr. Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at SFAPPolicy@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 61.027, which provides the Coordinating Board with the authority to adopt and publish rules in accordance with Texas Government Code, Chapter 2001.

The proposed repeal affects Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter L.

§13.200. Authority, Scope, and Purpose.

§ 13.201. Definitions.

§13.202. Summer Program.