The following words and terms, when used in this subchapter, shall have the following meanings, unless otherwise defined in the subchapter:

1. (1) Entering Student--Includes:

   1. (A) New Student--A first-time student of an institution of higher education or private or independent institution of higher education, including a student who transfers to the institution from another institution. A student who was previously exempt under §3.43(a)(2) - (5) of this subchapter (relating to Exceptions) will be treated as a new student, should the exception no longer apply.
   2. (B) Returning Student--A student who previously attended an institution of higher education or private or independent institution of higher education before January 1, 2012, and who is enrolling in the same or another institution of higher education or private or independent institution of higher education following a break in enrollment of at least one fall or spring semester.

2. (2) Evidence of Vaccination--Acceptable evidence of vaccination or receiving a booster dose includes:

   1. (A) the signature or stamp of a physician or his/her designee, or public health personnel on a form which shows the month, day, and year the vaccination dose or booster was administered;
   2. (B) an official immunization record generated from a state or local health authority; or
   3. (C) an official record received from school officials, including a record from another state.
3. (3) Health Practitioner--Any person authorized by law to administer a vaccination.
4. (4) Institution of Higher Education--As defined in Texas Education Code, §61.003.
5. (5) Private or Independent Institution of Higher Education--As defined in Texas Education Code, §61.003.
6. (6) Online and Other Distance Education Course--A course in which the instructor and students are not in the same location. An online course typically involves web-based instruction, but might also include correspondence instruction. An online or other distance education course that includes a face-to-face component, including meeting in a testing laboratory with other students, or meeting in a classroom to receive interactive video instruction, does not qualify as an online or other distance education course for the purposes of this subchapter.

Source Note:The provisions of this §3.41 adopted to be effective February 11, 2026, 51 TexReg 721.