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  • Financial Assistance

  • Tuition and Fees

  • Housing Expenses

  • Residency Regulations
    for Tuition Purposes

  • Residency Regulations for Tuition Purposes

    1.- Introduction
    2.- Residence of Independent Individuals 18 Years of Age or Older
    3.- Reclassification
    4.- Economic Development and Diversification Employees
    5.- Military Personnel, Veterans, and Commissioned Officers of the Public Health Service
    6.- Teachers, Professors, and their Dependents
    7.- Teaching or Research Assistants
    8.- Scholarship Stipend Recipients
    Special Programs:
    9.- Academic Common Market
    10.- Citizens of Mexico
    11.- Residents of New Mexico Counties
    12.- Oath of Residency
    13.- Penalties

    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.

    ELIGIBILITY FOR WAIVER OF NON-RESIDENT TUITION: To be entitled to pay resident tuition, military and Public Health Service personnel shall submit, prior to the time of each enrollment, a statement from their commanding officer or personnel officer certifying that they are then assigned to duty in Texas and that same will be in effect at the time of such enrollment in a public institution of higher education.

    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