1. (a) Authority. Authority for this section is provided in the Texas Education Code, §54.213.

2. (b) Eligible Institutions.

   1. (1) Any institution of higher education, as defined in §13.1 of this chapter (relating to Definitions), may offer a waiver under the provisions of this section.
   2. (2) A waiver received by a student under this section applies only to tuition paid to the institution that awarded the enabling scholarship unless the student is simultaneously enrolled in two or more institutions of higher education under a program offered jointly by the institutions under a partnership agreement, in which case the student may also be offered a waiver at the other institution(s).
   3. (3) The total number of persons at an eligible institution receiving a waiver under this section in a given semester shall not exceed 5 percent of the total number of students enrolled at the institution in the same semester of the prior year.

3. (c) Eligible Students. A student enrolled at an eligible institution may be offered a waiver under this section if the student:

   1. (1) is not a Resident of Texas, as defined by §13.460 of this subchapter (relating to Definitions);
   2. (2) received an eligible competitive scholarship, as described in subsection (d) of this section; and
   3. (3) meets applicable standards outlined in §22.3 of this title (relating to Student Compliance with Selective Service Registration).

4. (d) Eligible Competitive Scholarship. An otherwise eligible student may be offered a waiver under this section if the student receives a scholarship:

   1. (1) of at least $1,000 for the 12-month academic year, regardless of how the scholarship funds are disbursed;
   2. (2) awarded by a scholarship committee established and authorized by the institution to grant scholarships using institutional funds that permit the waiver authorized in this section;
   3. (3) awarded according to criteria published and available to the public in advance of any application deadline;
   4. (4) available to both resident and nonresident students.
5. (e) An otherwise eligible student may be offered a waiver under this section for any semester or term in an academic year in which the student receives an eligible competitive scholarship.
6. (f) Tuition Rate. A student receiving a waiver under this section shall pay the resident tuition rate.
7. (g) A student whose eligible competitive scholarship is terminated prior to the end of a semester or term for which it was awarded such that the student no longer meets the criteria in subsection (c) of this section shall pay nonresident tuition for any semester following the termination of the scholarship.

Source Note:The provisions of this §13.478 adopted to be effective November 13, 2025, 50 TexReg 7253.