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Residency Responsibilities

Oath of Residency

§54.0521 of the Texas Education Code requires an oath of residency. The student is responsible for providing proof of residency documentation as required by the public institution of higher education. If there is any question as to right to classification as a resident of Texas, it is the student’s obligation, prior to or at the time of enrollment, to raise the question with the administrative officials of the institution in which he or she is enrolling for official determination. Students classified as Texas residents must affirm the correctness of that classification as part of the admission procedure. If the student’s classification as a resident becomes inappropriate for any reason, it is the responsibility of the student to notify the proper administrative officials at the institution. Failure to notify the institution constitutes a violation of the oath of residency and may result in disciplinary action and/or other penalties.

Special Notice for Non-Resident Students

Senate Bill 1528 (formerly HB - 1403), states that an individual shall be classified as a Texas resident until the individual establishes a residence outside this state.

  1. graduated from a public or private high school or received the equivalent of a high school diploma in this state;
  2. resided in the state of Texas for at least 36 months prior to graduation from a Texas public or private high school or received the equivalent of a high school diploma (GED);
  3. 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.

What is Senate Bill 1528 (passed by the 79th Texas Legislature, Regular Session, in 2005)?

Senate Bill 1528 amended the provisions of House Bill 1403 so that they applied to all individuals who had lived in Texas a significant part of their lives. Citizens, Permanent Residents and certain non-immigrant students could establish a claim to residency fol-lowing its provisions. To qualify, the individual must have:

  • Graduated or will graduate from a Texas high school or received my GED certificate in Texas.
  • Resided in Texas for three years leading up to graduation from high school or receiving my GED certificate.
  • Resided or will have resided in Texas for the 12 months immediately preceding the census date of the semester in which they enroll.
  • Provide to the Office of Admissions and Recruitment a signed affidavit indicating they have applied or intend to apply to become permanent resident of the United States as eligible to do so.

Click here for more information on the bill.

Reclassification as a Non-Resident

People who have been classified as residents of Texas will be reclassified as non-resident students whenever they report, or there is found to exist, circumstances indicating a change in legal residence to another state. If students who have been classified as residents of Texas are found to have been erroneously classified, those 14 Admissions / Fees students will be classified as non-resident and will be required to pay the difference between resident and non-resident fees for those semesters in which they were erroneously classified.

Reclassification as a Resident

Students classified as non-residents of Texas upon first enrollment are presumed to be non-residents while they continue as students. After residing in Texas for at least 12 months, a non-resident student may be reclassified as a resident student as provided in the rules. Tuition as a resident of Texas will be charged at any subsequent registration as long as he continues to maintain his legal residence in Texas. Supporting documentation for reclassification must be submitted to the Admissions Office prior to the official record date.

Note: National Writing Project refund policy will be configured when definite data exists.

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