Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,225
1163-1244 p. ; 28 cm.View a full description of this periodical.
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resident and resident rates due to residence
In a bordering state.
21.29. Foreign Students [Citizens of Any
Country Other than the United States of
Americal. Aliens living in the United States
under a visa permitting permanent residence,
[or have filed with the proper federal autho-
rities a declaration of intention to become
a citizen,] and aliens who are permitted by
Congress to adopt the United States as their
domicile while they are in this country, have
the same privilege of qualifying for Texas
resident status for tuition purposes as do
citizens of the United States. Normally in-
dividuals who obtain permanent resident
status while in Texas must wait a minimum
of twelve months from the date of issue to
request resident status for tuition purposes.
At that time they must provide conclusive
evidence to Indicate that they are in this state
to live and reside permanently.
21.31. Procedures for Reclass(fication
[Official Change of Residence Status].
(a) Application for reclassification.
Students [Every student] classified as [a]
nonresident students [student] shall be con-
sidered to retain that status until they make
[he or she makes] written application for re-
classification in the form prescribed by the
institution and are [is] officially reclassified
in writing as residents [a resident] of Texas
by the proper administrative officers of the
institution.
(b) Reclassification as a nonresident.
Persons [Every person] who have [has] been
classified as residents [a resident] of Texas
shall be reclassified as [a] nonresident stu-
dents [student] whenever they [he or she]
shall report, or there is found to exist, cir-
cumstances indicating a change in legal resi-
dence to another state. If students [any stu-
dent] who have [has] been classified as resid-
dents [a residents of Texas are [shall be]
found to have been erroneously [so] classi-
fied, those students [that student] shall be
reclassified as nonresidents [a nonresident]
and shall be required to pay the difference
between the resident and nonresident fees for
those semesters in which they were [he or she
was] so erroneously classified. In addition,
the students [student] shall be required to pay
back all monies borrowed from the Hinson-
Hazelwood college student loan program
[Texas Opportunity Plan Fund].
(c) Reclassification as a resident. If
students have [any student has] been erron-
eously classified as [a] nonresident students
[student] and subsequently prove [proves] to
the satisfaction of the appropriate officials
of an institution of higher education that
they [he or she] should have been classified
as a resident student, they [that student] shall
be reclassified as residents [a resident] of
Texas and may [shall] be entitled to a refund
of the difference between the resident and
nonresident fees for the semesters in which
they were[he or she was] so erroneously
classified. Normally the refunds must be re-quested and substantiated during the current
term.
21.32. Penalties. Each institution has
been authorized by statute to assess and col-
lect from [each] nonresident students [stu-
dent] failing to comply with the provisions
of the tuition statute and with these inter-
pretations concerning nonresident fees a pen-
alty not to exceed $10 a semester. In addi-
tion, if students have [a student has] ob-
tained residence classification by virtue of
diliberate concealment of facts, or misrep-
resentation of fact, they [that student] may
be subject to appropriate disciplinary action,
in accordance with the rules and regulations
that may be adopted by the governing boards
of the respective institutions of higher
education.
21.33. Junior College Tldon Walvers for
Ad Valorem Taxpayers [Waiver of Nonresi-
dent Tuition by Junior Colleges]. The gov-
erning board of a public junior college dis-
trict may waive the difference in the rate of
tuition for nonresident and resident students
for individuals, or their [a person, or his or
her] dependents, who own [owns] property
which is subject to ad valorem taxation by
the junior college district. Persons, [The per-
son] or their [his or her] dependents, apply-
ing for such waiver shall verify property
ownership by presentation of an ad valorem
tax statement or receipt issued by the tax of-
fice of the junior college district; or by pre-
sentation of a deed, property closing state-
ment, or other appropriate evidence of owner-
ship of property which is subject to ad
valorem taxation by the junior college dis-
trict. If a sworn affidavit is accepted at the
time of enrollment [registration], verification
of the student as an ad valorem taxpayer
must be provided by the end of the semester
of enrollment. A foreign student is not eligl-
bie for waiver of the nonresident tuition rate
due to payment of ad valorem taxes.
This agency hereby certifies that the pro-
posal has been reviewed by legal counsel
and found to be within the agency's au-
thority to adopt.
Issued In Austin, Texas, on Feburary 17, 1986TRD-8802116
ships, and student responsibilities. These
sections re being repealed and rewritten
to bring them Into agreement with current
law. The new language is being simultan-
eously filed as new sections.
Mack Adams, assistant commissioner for
Student Services, has determined that for
the first five-year period the proposed
repeal will be in effect there will be no
fiscal implications for state or local
government or small businesses as a
result of enforcing or administering the
repeal.
Mr. Adams also has determined that for
each year of the first five years the repeal
is in effect the public benefit anticipated
as a result of enforcing the repeal will be
that by increasing Institution tuition rev-
enues the state can decrease the amount
of direct subsidies to institutions. There
is no anticipated economic cost to Indi-
viduals who are required to comply with
the proposed repeal.
Comments on the proposal may be sub-
mitted to Kenneth H. Ashworth, Coordi-
nating Board, Texas College and Univer-
sity System, PO. Box 12788, Austin, Texas
78711.
The repeal Is proposed under Texas Civil
Statutes, 54.053, which provides the co-
ordinating board with the authority to
adopt rules regarding married students,
competitive scholarships, and student re-
sponsibilities.
This agency hereby certifies that the pro-
posal has been reviewed by legal counsel
and found to be within the agency's au-
thority to adopt.
Issued in Austin, Texas, on February 28, 1986.
TRD-8602114 James McWhorter
Assistant Commissioner
for Administration
Coordinating Board,
Texas College and
University System
Proposed date of adoption:
April 25, 1986
For further Information, please call
(512) 462-6420.James McWhorter
Assistant Commissioner
Coordinating Board,
Texas College and
University SystemEarliest possible date of adoption:
April 25, 1986
For further Information, please call
(512) 482-6420.* 19 TAC 21.23, 21.27, 21.30
The Coordinating Board, Texas College
and University System proposes the re-
peal of 21.23, 21.27, and 21.30, concern-
ing married students, competitive scholar-* 19 TAC 21.23, 21.27, 21.30,
21.34, and 21.35
The Coordinating Board, Texas College
and University System, proposes new
21.23, 21.27, 21.30, 21.34, and 21.35 con-
cerning married students, competitive
scholarships, student responsibilities,
responsibilities of the public institution
of higher education and definitions. Sen-
ate House Bill 1147, 69th Legislature, 1985,
amended statutes dealing with residency;
the proposed new sections bring the Co-
ordinating Board sections into agreement
with current law.March 11, 1986 11 TexReg 1225
_ ~I~
4 Proposed Rules
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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/m1/63/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.