19 Tex. Admin. Code § 21.22 - Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Census
date--The date in an academic term for which an institution is required to
certify a person's enrollment in the institution for the purposes of
determining formula funding for the institution.
(2) Clear and Convincing Evidence--That
degree of proof that will produce a firm conviction or a firm belief as to the
facts sought to be established. The evidence must justify the claim both
clearly and convincingly.
(3)
Coordinating Board or Board--The Texas Higher Education Coordinating
Board.
(4) Core Residency
Questions--The questions promulgated by the Board to be completed by a person
and used by an institution as a significant aid in determining if the person is
a Texas resident. The core questions shall be those set forth in the ApplyTexas
Application or posted on the Board web site.
(5) Deferred action--Discretionary
determination to defer a removal action of an individual as an act of
prosecutorial discretion. An individual who has received deferred action is
authorized by Department of Homeland Security (DHS) to be present in the United
States, and is therefore considered by DHS to be lawfully present during the
period deferred action is in effect.
(6) Dependent--A person who:
(A) is less 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 of the person for purposes of determining the parent's income tax
liability under the Internal Revenue Code of 1986.
(7) Domicile--A person's principal, permanent
residence to which the person intends to return after any temporary
absence.
(8) Eligible for Permanent
Resident Status--A person who has filed an I-485 application for permanent
residency and has been issued a fee/filing receipt or notice of action by the
United States Citizenship and Immigration Services (USCIS) showing that his or
her I-485 has been reviewed and has not been rejected.
(9) Eligible Nonimmigrant--A person who has
been issued a type of nonimmigrant visa by the USCIS that permits the person to
establish and maintain domicile in the United States.
(10) Established domicile in
Texas--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, allowing for documented temporary
absences.
(11) Gainful
employment--Employment intended to provide an income to a person or allow a
person to avoid the expense of paying another person to perform the tasks (as
in child care) that is sufficient to provide at least one-half of the
individual's tuition, fees and living expenses as determined in keeping with
the institution's student financial aid budget or that represents an average of
at least twenty hours of employment per week. A person who is self-employed or
who is living off his/her earnings (present or past - such as pensions,
veterans' benefits, social security, and savings from previous earnings) may be
considered gainfully employed for purposes of establishing residency, as may a
person whose primary support is public assistance. Employment conditioned on
student status, such as work study, the receipt of stipends, fellowships, or
research or teaching assistantships does not constitute gainful employment for
purposes of residency determination.
(12) General Academic Teaching
Institution--As defined in Texas Education Code §
61.003(3).
(13) Independent institution--As defined in
Texas Education Code §
61.003(15).
(14) Institution or institution of higher
education--Any public technical institute, public junior college, public senior
college or university, medical or dental unit, or other agency of higher
education as defined in Texas Education Code §
61.003(8).
(15) Legal guardian--A person who is
appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or
successor guardian.
(16) Maintain
domicile--Physically residing in Texas such that the person always intends to
return to the state after a temporary absence. The maintenance of domicile is
not interrupted by a temporary absence from the state.
(17) Managing conservator--A parent, a
competent adult, an authorized agency, or a licensed child-placing agency
appointed by court order issued under the Texas Family Code, Title 5.
(18) Nonresident tuition--The amount of
tuition paid by a person who is not a Texas resident and who is not entitled or
permitted to pay resident tuition under this subchapter.
(19) Nontraditional secondary education--A
course of study at the secondary school level in a nonaccredited private school
setting, including a home school.
(20) Parent--A natural or adoptive parent,
managing or possessory conservator, or legal guardian of a person. The term
would not otherwise include a step-parent.
(21) Possessory conservator--A natural or
adoptive parent appointed by court order issued under the Texas Family Code,
Title 5.
(22) Private high
school--A private or parochial school in Texas.
(23) Public technical institute--As defined
in Texas Education Code §
61.003(7).
(24) Regular semester--A fall or spring
semester, typically consisting of 16 weeks.
(25) Residence--A person's home or other
dwelling place; where a person resides.
(26) Residence Determination Official--The
primary individual at each institution who is responsible for the accurate
application of state statutes and rules to individual student cases.
(27) Resident tuition--The amount of tuition
paid by a person who qualifies as a Texas resident under this
subchapter.
(28) Residential real
property--Real property on which a dwelling fit for long-term human habitation
is located.
(29) Temporary
absence--Absence from the State of Texas by a person who previously met the
criteria for in-state residency, with the intention to return, generally for a
period of short duration (i.e., less than one year). However, in some
situations, the absence can be significantly longer. For example, the temporary
absence of a person or a dependent's parent from the state for the purpose of
service in the U. S. Armed Forces, U. S. Public Health Service, U. S.
Department of Defense, U. S. Department of State, as a result of an employment
assignment, or for educational purposes, shall not affect a person's ability to
continue to claim that Texas is his permanent residence.
(30) United States Citizenship and
Immigration Services (USCIS)--The bureau of the U.S. Department of Homeland
Security that is responsible for the administration of immigration and
naturalization adjudication functions and establishing immigration services
policies and priorities.
Notes
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