Residency Index

That degree of proof will produce a firm conviction or belief regarding the facts sought to be established. The evidence must justify the claim both clearly and convincingly.

For purposes of Texas residency determination, a person who: (a) is younger than 18 years of age and has not been emancipated by marriage or court order; or (b) is eligible to be claimed as a dependent of a parent for purposes of determining the parent’s income tax liability under the IRS Code of 1986.

A person’s principal, permanent residence to which the person intends to return after any temporary absence.

Physically residing in Texas with the intent to maintain domicile in Texas for at least the 12 consecutive months immediately preceding the census date of the term of enrollment.

Employment intended to provide an income to a person that is sufficient to provide at least one-half of the individual’s tuition and living expenses or that represents an average of at least twenty hours of employment per week. A self-employed person, may be considered gainfully employed for tuition purposes, as may a person whose primary support is public assistance. Employment conditioned on student statuses, such as work-study, the receipt of stipends, fellowships, or research or teaching assistantships, does not constitute gainful employment.

For purposes of Texas residency determination, a student 18 years of age or older or an emancipated minor who is not claimed by a parent or legal guardian as a dependent for federal income tax purposes during the tax year.

A person appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.

To physically reside in Texas with the intent to continually return to the state after a temporary absence.

A natural or adoptive parent, managing or possessory conservator, or court-appointed legal guardian of a person. The term does not include a stepparent.

Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent’s parent, having established and maintained domicile at that residence. Owning a time-share, renting a residence, or owning a cemetery plot does not constitute property ownership.

A person’s home or other dwelling places.

Absence from the state of Texas to return, generally for less than five years. For example, the temporary absence of a person or a dependent’s parent from the state for service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense, or U.S. Department of State because of an employment assignment or educational purposes, shall not affect a person’s ability to continue to claim that Texas is his or her domicile.

U.S. Citizens, students who attended a Texas high school from Grades 10-12 and graduated, and those who have held a status granting them permission to consider the U.S./Texas home for one year: Permanent Residents and Certain Visa. 

If you are a dependent student, your residency will be classified the same as that of your parents. If you are an independent student, you:

1. Must live in Texas for 12 consecutive months.
2. Must be gainfully employed or demonstrate financial independence 12 months prior to enrollment.
3. Education cannot be your primary reason for residing in Texas.

Students may pay Texas Resident Tuition if they meet all the requirements of Senate Bill 1528 (formerly HB 1403):

1. Graduated or will graduate from high school or complete a GED in Texas.
2. Must have lived in Texas for 36 months prior to high school graduation or completion of the GED.
3. The student must have lived in Texas for the 12 months prior to the semester for which they are applying.
4. If the student is not a U.S. Citizen or Permanent Resident they must complete a Senate Bill 1528 Affidavit. You can obtain a copy of the Senate Bill 1528 Affidavit file.

A dependent is an individual who is either a minor, or someone who is 18 years of age or older and claimed, or eligible to be claimed, as a dependent for federal income tax purposes by a parent or guardian in the year of enrollment.

An independent is anyone 18 years of age or older who is not claimed by a parent or guardian as a dependent for federal income tax purposes during the tax year including the enrollment period.

You are a dependent, so your residency will be based on the residency of your parent or court-appointed legal guardian.

Court-appointed legal guardians are proven by court documents signed by a judge in a court of law.

If your parents live in another state, and claim you for federal income tax purposes, you are considered a dependent and not eligible to establish residency in your own right unless you meet all the requirements of Senate Bill 1528. However, independent students may establish residency (see guidelines on Rules on Establishing Residency: Independent Individuals 18 years of age or older).

The Texas Residency Laws state that students enrolling in an institution of higher education prior to having resided in the state for 12 months immediately preceding the time of enrollment shall be classified as nonresidents for tuition purposes. However, after living in the state for 12 months, if the student can show business or personal ties to the state of Texas, he/she may seek reclassification as a resident by completing a Core Residency Questionnaire (also available in Admissions). Circumstances to be considered shall include, but are not limited to:

1. The length of residence and employment prior to enrolling in an institution.
2. The nature of employment while a student.
3. Presence in the state as part of a household transferred to accept employment in Texas.
4. Purchase of a home or business in Texas.
5. Marriage to a long time Texas resident.

Yes, as long as you attend half time or less and have otherwise met residency requirements. Half-time is considered 6 hours during each long semester (Spring and Fall) and 3 hours during each short semester (Summer and Minimesters). Please keep in mind that you will pay out-of-state tuition during the 12-month period that you are establishing residency.

Gainful employment is considered lawful activities intended to provide an income to an individual.

Yes, military personnel assigned to duty within the state of Texas as well as their spouse and their dependent children, shall be entitled to pay the same tuition as a resident of Texas regardless of the length of their physical presence in the state. To qualify for the waiver of out-of-state tuition, a letter from the commanding officer must be provided certifying that the military member is on current duty assignment in Texas at the time of enrollment. The military waiver is intended for the first year only.

A student whose Home of Record is not Texas but who provides the institution Leave and Earnings Statements that show Texas has been claimed as the place of residence for the 12 consecutive months prior to enrollment is presumed to be a resident, as are their spouse and dependent children. 

You should provide copies of your Leave and Earnings Statements to verify Texas as where you pay/paid taxes, and if/when you are discharged, a copy of your DD214.

You should complete a Core Residency Questionnaire (also available in Admissions) and return it along with supporting documentation to the Office of Admissions.

Required documents: Letter from employer on company letterhead signed by a company official stating date of hire, average hours worked per week, and the length of employment.

Additional information about residency can be found at College for All Texans: Residency Information. If you have additional questions, you can e-mail residency.