Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,222
1163-1244 p. ; 28 cm.View a full description of this periodical.
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Issued In Austin, Texas, on March 5, 1988.
TRD-8602195 Dolores Alvarado Hibbs
Director of Hearings
Texas Department of
Agrloulture
Earliest possible date of adoption:
April 11, 1986
For further information, please call
(512) 463-7583.TITLE 19. EDUCATION
Part I. Coordinating Board,
Texas College and
University System
Chapter 21. Student Services
Subchapter B. Determining
Residence Status
* 19 TAC 21.21, 21.22, 21.24-
21.26, 21.28, 21.29, 21.31-21.33
The Coordinating Board, Texas College
and University System, proposes amend-
ments to 21.21, 21.22, 21.24-21.26, 21.28,
21.29, and 21.31-21.33, concerning deter-
mining residence status. House Bill 1147,
69th Legislature, 1985, changed several
statutes dealing with residency. The pro-
posed amendments bring Coordinating
Board sections into agreement with cur-
rent law The current law makes it harder
than it used to be for nonresidents to
qualify to register by paying resident tul'
tion rates.
Mack Adams, assistant commissioner for
Student Services, has determined that for
the first five-year period the proposed sec-
tions will be in effect there will be no
fiscal implications for local government
or small businesses as a result of enforc-
ing or administering the sections. There
will be an estimated increase in revene on
state government of $15.1 million in 1986;
$14.6 million in 1987, 1988, and 1989; and
$17.4 million in 1990.
Mr. Adams also has determined that for
each year of the first five years the sec-
tions are in effect the public benefit an-
ticipated as a result of enforcing the sec-
tions will be that increasing institution tui-
tion revenues the state can decrease the
amount of direct subsidies to institutions.
There is no anticipated economic cost to
individuals who are required to comply
with the proposed sections.
Comments on the proposal may be sub-
mitted to Kenneth H. Ashworth, Coordi-
nating Board, Texas College and Univer-
sity System, P.O. Box 12788, Austin, Texas
78711.
The amendments are proposed under
Texas Civil Statutes, Article 54.053, which
provides the Coordinating Board with the
authority to adopt rules regarding deter-
mining residence status.1.221. Minors and Dependents.
(a) Residence of a minor or a depen-
dent: divorce of parents. The legal residence
of a minor or dependent child is usually that
of the parent with whom the individual spends
the principal amount of time. Upon divorce
of parents, residency of a minor is based on
the residence of the parent who has legal
custody or has claimed the minor for federal
Income tax purposes both at the time of en-
rollment and for the tax year preceding en-
rollment. For dependents over 18, residency
is determined by the residence of the parent
who claims the student for federal income
tax purposes both at the time of enrollment
and for the tax year preceding enrollment.
[Death or divorce of parents. The legal
residence of a minor under 18 years of age
is usually that of the father. Upon the death
of the father, the legal residence of the minor
is that of the mother. Upon divorce or legal
separation of the parents, the residence of
the minor is determined by the residence of
the parent with whom the minor is residing
at the time of registration].
(b) Custody by court order. If the cus-
tody of the minor has been granted by court
order (e.g., divorce decree, child custody ac-
tion, guardianship, or adoption proceedings)
to some person other than the parent, the
residence of that person shall control; pro-
vided, however, that such grant of custody
was not ordered during or within a year prior
to the minor's enrollment in a public [an] in-
stitution of higher education ((defined as any
public junior college, public senior college
or university, medical or dental unit or other
agency of higher education)) and was granted
under circumstances indicating that such
guardianship was not for the purpose of ob-
taining status as a resident student. If the
minor is not residing with either parent, and
there is no court-appointed guardian, the
residence of the parent with whom the minor
last resided shall be presumed to control. If,
howeve-, the minor has resided with, and has
been dependent upon a grandparent for more
than a year prior to enrollment in an institu-
tion of higher education, the residence of
that natural guardian shall be regarded as the
minor's residence. The residence of a per-
son other than a parent or a natural or legal
guardian, who may furnish funds for pay-
ment of tuition, fees, or living expenses shall
in no way affect the residence classification
of a minor.
(c) Abandoned child. In the case of an
abandoned child, the residence of a person
who has stood in loco parentis for a period
of time may determine the residence [of such
abandoned child]. The fact of abandonment
must be clearly established and must not
have been for the purpose of affecting the
residence of the minor, and the minor must
have actually resided in the home of such
person for two years immediately prior to
enrolling [registering] in a public [an] institu-
tion of higher education in Texas and such
person must have provided substantially all
the minor's support. In the event that the inloco parents relationship has not existed for
the full two year period, a lesser period of
time is acceptable in unusual hardship cases,
such as death of both parents.
(d) Orphans. [Orphan]. Orphans [An
orphan] who have [has] lived for longer than
a year in an established orphan's home in
Texas operated by a fraternal, religious, or
civic organization and have [has] been
graduated from the orphan's home shall be
considered residents [a resident] of Texas
provided they [such orphan] remain [re-
mains) in Texas from the time of such grad-
uation until they [he or she] enter [enters]
an institution of higher education.
(e) Emaneipadon [Emancipated child].
Under certain circumstances, minors (a
minor] may become emancipated or freed
from parental control. If their [the minor's]
parents have ceased to exercise parental con-
trol and responsibility, if they are [the minor
is] responsible for all of their [his or her] own
decisions and affairs, and if they are [the
minor is] not dependent on their [financial-
ly independent of] parents, minors [the
minor] may establish emancipation. [A minor
is financially independent if he or she is not
claimed as a dependent for federal income
tax purposes by the individual's parent or
guardian at the time of registration and for
the tax year preceding the year in which the
individual registers.] If emancipation is clear-
ly proved, [proven] the residence classifica-
tion of the minors [minor] is determined by
their own [the] residence [of the minor]
rather than the residence of the parents.[,]
After [and after] 12 months in Texas under
such circumstances, minors [the minor] may
be classified as residents, [a resident] if they
[he or she] otherwise satisfy [satisfies] the
statutory requirements applicable to those
over 18 (e.g., see presumption arising from
residence while a student). Proof of eman-
cipation is the responsibility of the minor.
(f) Married minors. Minors [A minor]
who are [is] married [shall] have the power
and capacity of [a] single persons [person]
of full age and are [is] entitled to select their
[his or her] own place of legal residence.
After 12 months' residence in Texas under
such circumstances, minors [the minor) may
be classified as residents [a resident] if they
[he or she] otherwise satisfy [satisfies] the
statutory requirements applicable to those
over 18 years of age. [The residence classi-
fication for tuition purposes of a nonresident
who marries a Texas resident shall be gov-
erned by the provisions of the tuition statute
(Texas Education Code, Article 54.056) and
of this subchapter.]
(g) Minors whose parents moved to
another state or foreign country. If the par-
ents of minors [a minor] who are [is] enrolled
as [a] resident students [student] move their
legal residence to another state or foreign
country, [on, or after August 15, 1971,] the
minors [minor] shall be classified as
nonresidents [a nonresident] at all subse-
quent registration periods. Under the pro-
visions of Texas Education Code, ArticleI) TeIe 122 Marc 11, 196 TxsRgse
11 TexReg 1222 March 11, 1986
Texas Register
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/60/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.