Priscilla Lozano
Office of General Counsel
Presented with
Budge Mabry
Texas Medical &Dental Schools Application Service
Deana Williams
UT Austin Graduate & International Admissions
October 5, 2005(Modified Jan. 2006)
* Texas Education Code
** Texas Higher Education Coordinating Board Rules and Regulations
Determining Residence Status

• SB 1528, 79 th Legislative Session
– Fall, 2006 – new law applies (SB 1528,
Section 12(b)
– January 1, 2006 - THECB required to adopt rules
• Texas Higher Education Coordinating
Board Rules and Regulations
– October, 2005 - posted for comment
– October 27, 2005 – proposed for CB adoption
2

– Self: Non-dependant person is domiciliary of Texas
– Parent: Dependant’s Parent is domiciliary of Texas
– High School Graduation: HB
1403(modified)
3

• Texas residency eligibility still requires domicile and 12 months physical presence; however, establishment of a domicile is presumed if certain steps have been taken
– Documentation to establish residency is specifically limited by THECB rules
• Core Residency Questions only
4

– Once classified as a resident, status follows to other Texas institutions unless break in enrollment
5

• “Domicile” – a person’s principal, permanent residence to which the person intends to return after any temporary absence.
§
54.0501(3)* vs.
• “Residence” – a person’s home or other dwelling place.
§
54.0501(6)*
6

• “Establishment of a domicile” – a person has established a domicile in
Texas if he/she has met the conditions shown in 21.730(d). §21.728(7)**
• “Maintenance of a residence” – to physically reside in a location unless temporarily absence in accordance with definition 24. §21.728(13)**
7

• “Temporary absence” – absence from the State of Texas with the intention to return, generally for a period of less than five years. §21.728(24)**
• “Parent” - a natural or adoptive parent, managing or possessory conservator, or legal guardian of a person.
§
54.0501(5)*
8

• “Dependant” - a person who:
– is less than 18 years of age and has not been emancipated by marriage or court order; or
– as provided by coordinating board rule, is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986.
§
54.0501(2)*
9

§
• Dependent’s parent domiciled in Texas
(
§
54.052a(2))*
– established a domicile in this state not later than one year before the census date of the academic term in which the dependent is enrolled in an institution of higher education; and
– maintained that domicile continuously for the year preceding that census date
10

§
• Non-dependant person is domiciled in
Texas (
§
54.052a(1))*
– established a domicile in this state not later than one year before the census date of the academic term in which enrolled in an institution of higher education; and
– maintained that domicile continuously for the year preceding that census date
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• Gainful employment
• Ownership of real property
• Ownership of business
• Marriage to domiciliary of Texas
12

§
• HB 1403 (modified)
•
(
§
54.052a(3))
– graduated from a public or private high school in this state or received the equivalent of a high school diploma in this state; and
– maintained a residence continuously in this state for
• the three years preceding the date of graduation or receipt of the diploma equivalent, as applicable; and
• the year preceding the census date of the academic term in which the person is enrolled in an institution of higher education.
– §
54.053(3)(B)
• HB 1403
•
(j) Notwithstanding any other provision of this subchapter, an individual shall be classified as a Texas resident until the individual establishes a residence outside this state if the individual resided with the individual's parent, guardian, or conservator while attending a public or private high school in this state and:
– graduated from a public or private high school or received the equivalent of a high school diploma in this state;
– resided in this state for at least three years as of the date the person graduated from high school or received the equivalent of a high school diploma;
– registers as an entering student in an institution of higher education not earlier than the 2001 fall semester; and
– provides to the institution an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so.
13

• Required statement of the dates and length of time of residence and that the purpose of residence was to establish a domicile.
§
54.053*
• Required affidavit if the person is not a citizen or permanent resident and seeks residency under
§
54.052(a)(3)*
• An institution of higher education may not require a person to provide evidence of resident status that is not required by coordinating board rule.
§
54.075(b)*
14

• Core Residency Questions
§21.731(a)**
• Documentation to support core questions (as indicated in Chart IV) may be requested §21.731(b).**
• Affidavit of non-US citizen non-
Permanent Resident who establishes claim under §21.730(a)(1)** (amended
HB 1406 provision). §21.730(c)**
15

§
• Once classified Texas resident always
Texas resident, regardless of whether the student changes institutions, unless:
– the person does not enroll for two (2) or more consecutive regular semesters,
§
54.054(c)*;
– the person is reclassified based on additional or changed information;
– the person is erroneously classified
16

• A person classified as a non-resident may request reconsideration and reclassification
§
54.055*
• A person is required to provide the institution with any additional or changed information which may affect his or her current resident status
§
54.055*(21.733(b)**)
17

• Erroneously classified as resident because of omission or falsification
§
54.057*:
– person failed to provide information that reasonable person would know is relevant to an accurate classification by the institution
– person falsified information
18

• Consequence of erroneously classification because of omission or falsification
– Student may be required to pay difference for each semester
– Payment due not later than the 30 th day after notification
– Student not entitled to diploma or certificate (if applicable) or official transcript that includes credit while erroneously classified until paid in full
19

• Required notice by institution when omission/falsification
– 1 st day of following semester provide notification that difference between resident and nonresident tuition must be paid
• Consequence if not omission or falsification
– Classified as non-resident next semester
• If erroneous non-resident classification
– Institution shall refund out of state portion of tuition for each semester
20

• Dependent
– father domiciliary of Texas; mother is not
– student lives with mother
– father claims as dependent on federal income tax return
• Classification
– Resident
21

• Dependent
– father domiciliary of Texas; mother is not
– student lives with mother
– father is eligible to claim (providing at least 50% of support) but mother has right to claim under divorce decree
• Classification
– Resident
• Discussion - eligibility to claim vs. actually claiming
• Review of Core Questions
22

• Graduate of Texas High School
– maintained a residence in Texas for the 3 years preceding graduation
– lived in Texas for year preceding census date
– lived with grandmother
• Classification
– Resident
• Discussion
– no longer required to live with parent or legal guardian
23

• Graduate of Texas High School
– maintained a residence in Texas for the 3 years preceding graduation
– lived in Texas for year preceding census date
– in Texas on an F-1 visa
• Classification
– Resident
• Discussion
– Visa status is irrelevant for residency determination (for
§54.052(a)(3)* portion of statue only.
– Affidavit
– change scenario - student returned country of origin yr preceding census date. Change in classification?? Would not be eligible because did not reside in Tx 1 year before census date.
24

• Non-dependant foreign national
– Visa allows domicile
– owns property in Texas - purchased 5 years ago
– lived in Texas for year preceding census date
• Classification
– Resident
25

• Discussion
– Eligible to establish a domicile (see: CB
Chart 1)
– Presumed to have established a domicile
• During the last 12 months has owned property
– Has maintained physical residence during
12 months preceding enrollment
26

• Non-dependant foreign national
– Applied for visa permitting permanent residency 1 year prior to enrollment
– lived in Texas for year preceding census date
• Classification
– Resident
• Discussion
– Must verify that individual has applied for adjustment of status to PR (I-485). A fee filing receipt or notice of action is required.
27

• Non-dependant
– Born in Texas
– Graduated from high school
– Moved out of state 2 years prior to census date
– Worked in Texas for year prior to move
28

• Discussion
– Presumed to have established a domicile
• At least 12 months prior was gainfully employed for a year
– Has not maintained physical residence during 12 months preceding enrollment
• Classification
– Non-resident unless demonstrate that absence was temporary
29

• Non-dependant
– Born in Texas
– Graduated from high school
– Moved out of state 2 years prior to census date
– Owns property in Texas
– Explains that Texas is principal, permanent residence to which he/she plans to return
30

• Discussion
– Presumed to have established a domicile
• During the last 12 months has owned property
– Has not maintained physical residence during 12 months preceding enrollment
– Temporarily absent from Texas
• Classification
– Resident
31

• Married
– Married Texas resident 6 months before census date
– Lived in Texas for year preceding census date
– Had no basis for claiming residency other than marriage (i.e. no employment, does not own ppty)
• Classification
– Non-Resident
• Discussion
– Did not establish a domicile 12 months before census date because was not married full 12 months prior to census date.
32

• Dependant
– Parent military legal residence (DD 2058) is not Texas
– Parent stationed in Texas
• Classification
– Non-Resident
• Discussion
– Military Waiver eligible
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• Classified as non-resident
– Enrolls and attends year one
– 12 months prior to next year’s census date establishes domicile (see 21.730(d)**)
• Applies for reclassification
– Produces requested documentation
• Proof from Chart IV**
• Classification
– Resident
• Discussion
– Presumption of non-resident status continuing while enrolled removed from rules
34

• Discussion of appeals processes at institutions
• CB appeal for members of same family eliminated
35

• Technology/Science development and discovery agreements, ie. Sandia §65.45
– Person employed by the entity with whom UT enters an agreement for funding the discovery, development, and commercialization of new products, technology, and scientific information, including an agreement to manage a national laboratory engaged in any of those endeavors, or the person’s spouse or child, may pay resident tuition and fees in UT System institutions.
– Effective September 1, 2005
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• Each institution required to designate an employee
• Employee must attend one CB training regarding Residency Rules each fiscal year
37