1. (a) Persons Classified as Texas Residents. Subject to other applicable provisions of this subchapter, for an institution to classify a person as a resident of Texas, the person must demonstrate by clear and convincing evidence, and each institution shall verify, that the person is a U.S. citizen or lawfully present alien and falls within at least one of the following categories:

   1. (1) a person, other than a dependent, who qualifies for resident status pursuant to Texas Education Code, §54.052(a)(1), and who:

      1. (A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the person is enrolled in an institution; and
      2. (B) maintained that domicile continuously for the year (12 months) preceding that census date;

   2. (2) a dependent whose parent:

      1. (A) established a domicile in Texas not later than one year (12 months) before the census date of the academic term in which the dependent is enrolled in an institution; and
      2. (B) maintained the domicile continuously for the year (12 months) preceding the census date; or

   3. (3) a person who:

      1. (A) is a U.S. Citizen, permanent resident, or is otherwise lawfully present in the United States, and graduated from a public or private high school in Texas or received a State of Texas Certificate of High School Equivalency or other diploma or high school degree recognized by the state; and

      2. (B) maintained a residence continuously in Texas for:

         1. (i) the three years (36 months) preceding the date of graduation or receipt of the diploma equivalent, as applicable; and
         2. (ii) the year (12 months) preceding the census date of the academic term in which the person is enrolled in an institution.
2. (b) Presumption of Domicile. Pursuant to Texas Education Code, §54.052(b), the domicile of a dependent's parent, as established in accordance with §13.196(c) of this subchapter (relating to Information Needed to Document Resident Status), is presumed to be the domicile of the dependent, except when the person establishes eligibility of resident status under subsection (a)(3) of this section. An institution may require copies of a person's (and/or one or both of their parents') filed tax returns as evidence that the person is or is not a dependent.
3. (c) Except as provided in subsection (d) of this section, an institution may not require a person to provide evidence of resident status beyond what is necessary to make determinations under this subchapter.

4. (d) A person seeking resident tuition has the burden of proof to show by clear and convincing evidence that the person is eligible for resident tuition.

   1. (1) An institution may collect information necessary to determine that a person is eligible for resident tuition.
   2. (2) An institution may request any additional information reasonably necessary to verify that a student seeking resident tuition pursuant to Texas Education Code, §54.052(a)(3), is lawfully present. An institution may verify lawful presence by confirming an applicant's eligibility with the United States Citizenship and Immigration Services (USCIS).

Source Note:The provisions of this §13.194 adopted to be effective November 13, 2025, 50 TexReg 7243.