1. (a) Evidence Supporting Domicile in Texas Pursuant to Texas Education Code, §54.052(a)(1). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a person seeks to enroll at an institution in determining a person's claim of domicile in Texas.

   1. (1) Significant Gainful Employment:

      1. (A) An employer's statement of dates of employment and salary earned in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls showing the salary the person earned or pay stubs for twelve consecutive months immediately preceding the census date, reflecting significant gainful employment in Texas or proof of other equivalent income earned such as pensions, veterans' benefits, social security, and savings from previous earnings for twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
      2. (B) For a person who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the person for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
      3. (C) For a person who is self-employed, federal tax documents showing significant gainful employment and domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
   2. (2) Residential Real Property. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, renting, or leasing, with the person having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
   3. (3) Marriage. Marriage certificate or declaration of registration of informal marriage with documentation to support that the spouse has established and maintained domicile in Texas for the twelve consecutive months prior to the census date of the academic term in which the person enrolls.
   4. (4) Ownership of a Business. Documents that evidence the organization of the business in Texas for twelve consecutive months prior to the census date of the academic term in which the person enrolls that reflect the person's continuous, substantial economic interest and customary management of the business with evidence of intended continuous operation for the foreseeable future. An institution may request any documents necessary to establish entitlement to resident tuition in accordance with Section 13.194(d).
2. (b) A person who has established domicile by satisfying at least one of the factors described in subsection (a)(1) - (4) of this section, and who continues to` reside in Texas, except for temporary absences, is considered to have maintained domicile for the period of time unless the person takes steps to the contrary.

3. (c) Evidence Supporting a Dependent Pursuant to Texas Education Code, §54.052(a)(2). Each institution shall use the factors described by paragraphs (1) - (4) of this subsection for the consecutive twelve-month period immediately preceding the census date of the academic term in which a dependent seeks to enroll at an institution in determining a dependent's parent's claim of domicile in Texas.

   1. (1) Significant Gainful Employment of the Parent:

      1. (A) An employer's statement of dates of employment and salary earned by the dependent's parent in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls showing the salary the dependent's parent earned or pay stubs for twelve consecutive months immediately preceding the census date, reflecting significant gainful employment in Texas or proof of other equivalent income such as pensions, veterans' benefits, social security, and savings from previous earnings for twelve consecutive months immediately preceding the census date the dependent enrolls.
      2. (B) For a dependent's parent who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the dependent's parent for the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.
      3. (C) For a dependent's parent who is self-employed, federal tax documents showing domicile in Texas (beginning and current or ending dates) that encompass at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.
   2. (2) Residential Real Property of the Parent. Sole or joint marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing with the dependent's parent having established and maintained domicile at that residence during at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls.
   3. (3) Marriage of the Parent. Marriage certificate or declaration of registration of informal marriage with documentation to support that the dependent's parent's spouse has established and maintained domicile in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the person enrolls.
   4. (4) Ownership of a Business of the Parent. Documents that evidence the organization of the business in Texas for at least the twelve consecutive months immediately preceding the census date of the academic term in which the dependent enrolls, that reflect the dependent's parent's continuous, substantial economic interest and customary management of the business with evidence of intended continuous operation for the foreseeable future. Documents that may be used to show customary management or continuous operation of a business include client invoices, bank statements, receipts for sales or expenses, and tax documents.
4. (d) For a dependent whose parent who has demonstrated domicile by satisfying at least one of the factors described in subsection (c)(1) - (4) of this section and continues to reside in Texas, except for temporary absences, the dependent's parent is considered to have maintained domicile for the period of time unless the parent takes steps to the contrary.
5. (e) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(i). Each institution should accept a person's high school transcript, GED, or receipt of diploma equivalent showing three years of attendance at a public or private high school in Texas before graduation or receipt of diploma equivalent as evidence supporting a person's claim of residence in Texas. In cases where there may be a gap between a person's high school transcript, GED, or receipt of diploma equivalent, and the person is seeking to establish continuous residence for the three-year period, the person shall use the factors listed in subsection (f) of this section.

6. (f) Evidence Supporting Residence Pursuant to Texas Education Code, §54.052(a)(3)(B)(ii). Each institution shall require at least one of the following types of evidence in determining a person's claim of residence in Texas:

   1. (1) Utility bills for the twelve consecutive months immediately preceding the census date;
   2. (2) Texas high school transcript(s) for the person's full senior year or twelve months immediately preceding the census date;
   3. (3) Texas voter registration card that was issued at least twelve months preceding the census date;
   4. (4) Texas vehicle registration that was issued at least twelve months immediately preceding the census date;
   5. (5) Possession of a valid Texas driver's license or Texas identification card that was issued at least twelve months immediately preceding the census date;
   6. (6) Lease or rental of residential real property in the name of the person for the twelve consecutive months immediately preceding the census date; or
   7. (7) any other documentation used by the student to establish eligibility to enroll in the school district where the student attended high school.
7. (g) A person whose initial purpose for moving to Texas is to attend an institution as a full-time student will be presumed not to have the required intent to make Texas his or her domicile; however, the presumption may be overruled by clear and convincing evidence.
8. (h) A person shall not be able to establish domicile by performing acts which are directly related to fulfilling educational objectives or which are required or routinely performed by temporary residents of the State.
9. (i) Members of the United States Armed Forces. A member of the United States Armed Services whose Home of Record with the military is Texas is presumed to be a Texas resident, as are his or her spouse and dependent children. A member whose Home of Record is not Texas but who provides the institution Leave and Earnings Statements that show the member has claimed Texas as his or her place of residence for the twelve consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her spouse and dependent children.
10. (j) An institution may not require a person to provide evidence of resident status beyond what is necessary to make determinations under this subchapter.
11. (k) Documentation provided to an institution in accordance with this subchapter, must be retained by the institution in paper or electronic format as required by the institution's record retention schedule.

Source Note:The provisions of this §13.196 adopted to be effective November 13, 2025, 50 TexReg 7243.