In addition to the words and terms defined in §13.1 of this chapter (relating to Definitions), the following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise or the relevant subchapter specifies a different definition:

1. (1) Core Residency Questions--Board promulgated questions that a person completes for an institution's use in determining if the person is a Texas resident. The Core Residency Questions shall be included in the ApplyTexas Application and posted on the Board's website.

2. (2) Dependent--A person who:

   1. (A) is less than 18 years of age and has not been emancipated by marriage or by court order; or
   2. (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 26 U.S. Code §152, regardless whether another person has claimed the dependent.
3. (3) Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence, as defined in Texas Education Code, §54.0501(3).
4. (4) Lawfully Present Alien--A non-U.S. citizen who seeks resident tuition and who proves by clear and convincing evidence that the alien is lawfully present in the United States as required by 8 U.S.C. §1623(a).
5. (5) 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 and as defined in Texas Education Code, §54.0501(4).
6. (6) Parent--A natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. Parent does not otherwise include a stepparent.
7. (7) Private High School--A private, parochial, or home school in Texas.
8. (8) Regular Semester--A fall or spring regular semester typically consisting of sixteen weeks.
9. (9) Residence--A person's home or other dwelling unit, as defined in Texas Education Code, §54.0501(6).
10. (10) Resident Tuition--The amount of tuition paid by a person who is a resident of Texas, as defined in Texas Education Code, §54.0501(7).
11. (11) Residential Real Property--Land and improvements that include a dwelling intended for long-term human habitation.
12. (12) Significant Gainful Employment--Employment, including self-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 person'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 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 domicile, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, internships, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for purposes of resident determination.
13. (13) Temporary Absence--When a person who has previously met the criteria for resident status but is absent only for a short duration (i.e., less than one year) from the state of Texas and the person has the intention to return to the person's domicile in Texas. The short duration limitation on temporary absences does not apply to absences resulting from a person's or dependent's parent's service in the U.S. Armed Forces, U.S. Public Health Service, or U.S Department of State, due to employment assignment, or for educational purposes.

Source Note:The provisions of this §13.192 adopted to be effective November 13, 2025, 50 TexReg 7243.