Residency Regulations for Tuition Purposes
5.- Military Personnel, Veterans, and Commissioned Officers of thePublic Health Service
Persons in military service and commissioned Public Health Service Officers are presumed to maintain during their entire period of active service the same legal residence that was in effect at the time of entering the service. Persons stationed in a state for military or Public Health Service are presumed not to establish a legal residence in the state because their presence is not voluntary but under military or Public Health Service orders.
CHANGE OF PERMANENT ADDRESS WHILE IN THE SERVICE: It is possible for
members of the military service or Public Health Service to abandon the
domicile of original entry into the service and to select another, but to
show establishment of a new domicile during the term of active service,
there must be clear and unequivocal proof of such intent. An extended
period of service alone is not sufficient. The purchase of residential
property is not conclusive evidence unless coupled with other facts
indicating an intent to put down roots in the community and to reside there
after termination of service in the military of Public Health Service.
Evidence which will be considered in determining this requisite intent
includes, but is not limited to, a substantial investment in a residence
and the claiming of a homestead exemption thereon, registration to vote,
and voting in local elections, registration of an automobile in Texas and
payment of personal property taxes thereon, obtaining a Texas driver's
license, maintaining checking accounts, savings accounts, and safety
deposit boxed in Texas banks, existence of wills or other legal documents
indicating residence in Texas, change of permanent address with the
military or Public Health Service and designation of Texas as the place of
legal residence for income tax purposes on military or Public Health
Service personnel records, business transactions or activities not normally
engaged in by military or Public Health Service personnel, and membership
in professional or other state organizations. Purchase of property during
terminal years of military or Public Health Service preceding retirement
generally is given greater weight than a similar purchase made prior to
such terminal period. Additionally, a terminal duty assignment in Texas in
which an individual has engaged in personal, business and/or professional
activities indicative of their intent to remain in the state will be given
more consideration than most other evidence presented.
RESIDENCE CLASSIFICATION UPON SEPARATION FROM MILITARY OR PUBLIC HEALTH SERVICE: Persons who enroll in an institution of higher education following separation from military service must be classified as non-resident students unless they were legal residents of Texas at the time of entry into military service and have not relinquished that residence; they can prove that during military service they have, in fact, established bona fide, legal residence in Texas at least 12 months prior to enrollment; or they have resided in Texas other than as students for 12 months prior to enrollment and subsequent to discharge from service. This provision also applies to commissioned Public Health Service officers and their dependents. The non-resident classification is a presumption, however, that can be overcome pursuant to the guidelines and standards for establishing Texas residence (see Residence of Individuals Over 18).
STUDENTS ENROLLED IN ROTC PROGRAMS: A non-resident student who is a member of an ROTC unit will be required to pay non-resident tuition rates until such time as the student has signed a contract which cannot be terminated by the student and which obligates the student to serve a period of active military duty.
NATO Forces Stationed in Texas: Nonresident aliens stationed in Texas in accordance with the agreement between the parties to the North Atlantic Treaty (NATO) regarding the status of their forces, their spouses, and dependent children are eligible to pay the same rate as Texas residents.
OTHER FEDERAL EMPLOYEES: The privilege of paying resident tuition rates described in this section is restricted to persons in the military service and commissioned officers of the Public Health Service and is not extended to other federal employees or civilian employees of the military.
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Revised: April 07, 1999