Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,226
1163-1244 p. ; 28 cm.View a full description of this periodical.
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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 state or local
government or small businesses as a
result of enforcing or administering the
sections.
Mr. Adams also has determined that for
each year of the first five years the sec-
tions are in effect the public benefit anti-
cipated as a result of enforcing the sec-
tions will be that by increasing institution
tuition revenues the state can decrease
the amount of direct subsidies to institu-
tions. 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, PO. Box 12788, Austin, Texas
78711.
The new sections are proposed under
Texas Civil Statutes, Article 54.053, which
provide the Coordinating Board with the
authcrity to adopt rules regarding married
students, competitive scholarships, stu-
dent responsibilities, responsibilities of
the public Institutions of higher education
ano definitions regarding determining res-
idence status.
21.23. Married Students. Marriage of a
Texas resident to a nonresident does not
jeopardize the former's right to pay the resi-
dent tuition rate unless the resident has taken
steps to claim the residence of his or her
spouse. A nonresident who marries a resi-
dent must establish his or her own residen-
cy by meeting the standard requirements, see
21.22 of this title (relating to Residence of
Individuals Over 18).
21.27. Competitive Academic Scholarship
Recipients. To qualify for exemption from
paying out-of-state or foreign tuition rates,
a student must be awarded a competitive ac-
ademic scholarship in the amount of $200
or more for the academic year, the summer
session or both by an official scholarship
committee or committees of a public institu-
tion of higher education. If nonresidents or
foreign students in competition with other
students, including Texas residents, obtain
these competitive academic scholarships, the
student may pay the same tuition as a resi-
dent of Texas during the registration period
in which the competitive academic scholar-
ship is in effect. A competitive academic
scholarship that qualifies the holder for
waiver of the difference between the tuition
charged to resident and nonresident students
shall be awarded for the purpose of encour-
aging academic excellence in the academic
program in which the student is enrolled.21.30. Student Responsibilities. The stu-
dent is responsible for registering under the
proper residence classification and for pro-
viding documentation as required by the
public institution of higher education. If
there is any question as to right to classificia-
tion as a resident of Texas it is the student's
obligation, prior to or at the time of enroll-
ment, to raise the question with the admin-
istrative officials of the institution in which
they are enrolling for official determination.
Students classified as Texas residents must
affirm the correctness of that classification
as a part of the admissions procedure. If the
student's classification as a resident becomes
inapt ropriate for any reason, it is the re-
sponsibility of the student to notify the pro-
per administrative officials at the institution.
Failure to notify the institution constitutes
a violation of the oath or residence and will
result in disciplinary action.
21.34. Responsibilities of the Public In-
stitutions of Higher Education.
(a) Review of enrollment and/or reg-
istration forms. Each public institution of
higher education is responsible for review-
ing enrollment and/or registration applica-
tions for errors, inconsistencies, or misclass-
ifications of residency status. Institutions
should obtain written documentation to re-
solve any problems noted during the review
of forms.
(b) Oath of residency. Each public in-
stitution is responsible for incorporting an
oath of residency into its student application
for admission. Substantiating documentation
may be required by the institution to affirm
Texas residency.
21.35. Glossary. The following words
and terms, when used in this subchapter,
shall have the following meanings, unless the
context clearly indicates otherwise.
Conclusive evidence-Proof which
removes uncertainties. In the case of prov-
ing residency, conclusive evidence may in-
clude but is not limited to the purchase of
a homestead with substantial down-payment,
significant employment, dependency on par-
ents who are residents of the state, and
business or personal ties in the state which
imply a fixed intent to remain in Texas.
Dependent child-An individual (mi-
nor or over 18 years of age) who is claimed
as a dependent for federal income tax pur-
poses by a parent or guardian the year of
enrollment and the tax year prior to enroll-
ment.
Foreign students-Aliens who are not
permanent residents of the United States or
have not been permitted by congress to
adopt the United States as their domicile
while they are in this country.
In-district student-A Texas resident
who physically resides within the geographicboundaries of the classifying public junior
college district.
Minor-An individual who is 17
years of age or younger.
Nonresident-A citizen, national, or
permanent resident of the United States or
an alien who has been permitted by congress
to adopt the United States as his or her
domicile while in this country and who has
not met the state requirements for establish-
ing residency for tuition purposes.
Official census date-The official re-
porting date for enrollments; the date upon
which the student(by virtue of having paid
or obligated him/himself to pay requisite tui-
tion and/or fees) is considered to be enrolled
in the institution. (For 16-week semesters, the
12th class day; for 6-week summer sessions,
the 4th class day. For other length programs,
consult the "Reporting Procedures Man-
ual", published by the Educational Data
Center of the Coordinating Board,)
Out-of-district student--A Texas res-
ident who does not physically reside within
the geographic boundaries of the classifying
public junior college district.
Prior to enrolling-Prior to or in-
cluding the official census date.
Public institution of higher educa
tion-State-supported institutions of higher
education, including public, junior and com-
munity colleges, public senior college and
universitites, public health science centers,
and Texas state technical institutes.
Resident--A citizen, national, or per-
manent resident of the United States or an
alien who has been permitted by congress to
adopt the United States as his or her domicile
while in this country and who has otherwise
met the state requirements for establishing
residence for tuition purposes.
Time of enrollment-Official census
date for the semester or term for the institu-
tion (for specific dates, refer to the "Report-
ing and Procedures Manual" of the Educa-
tional Data Center of the Coordinating Board).
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 17, 1986
TRD-8602115 James McWhorter
Assistant Commissioner
for Administration
Coordinating Board,
Texas College and
University System
Student Services
Proposed date of adoption:
April 25, 1986
For further information, please call
(512) 4826420.11 TexReg 1226 March 11, 1956 Texas Register 4
11 TexReg 1226 March 11, 1986
Texas Register 4
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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/m1/64/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.