1. (a) An eligible veteran or, if the eligible veteran has died, his or her spouse, or child's conservator, guardian, custodian, or other legally designated caretaker (if the child does not otherwise qualify for an exemption under Texas Education Code, §54.203(b)), may elect to waive the eligible veteran's right to all unused hours for which he or she is eligible (up to the maximum 150 semester credit hours). By completing the relevant forms provided through the Board website and submitting them to the institution, the veteran, his or her spouse, or child's conservator, guardian, custodian, or other legally designated caretaker may:

   1. (1) assign the unused hours to one of his or her children; and
   2. (2) if the child to which the hours have been assigned fails to use all available credit hours, assign the remaining hours to another of his or her children.

2. (b) For an otherwise eligible veteran to assign his or her unused hours to a child through the Hazlewood Legacy Program (applies to new recipients fall, 2011), he or she must:

   1. (1) reside in Texas, or
   2. (2) demonstrate that he or she is out of state only because of his or her own (or a spouse's) current military orders and the orders and most recent three months' Leave and Earnings Statements (LES) show Texas to be the person's home. If the orders and LES do not both indicate Texas as the person's home, other documentation must be provided to support the person's claim to domicile in Texas.

3. (c) For an otherwise eligible child to be entitled to a Hazlewood Act exemption through the Hazlewood Legacy Program in a given term or semester, he or she must:

   1. (1) be a resident of Texas;
   2. (2) make satisfactory academic progress in a degree, certificate, or continuing education program as determined by the institution; except, the child is not required to enroll in a minimum course load;
   3. (3) provide his or her institution a completed Hazlewood Act Exemption Application and the supporting documentation to the institution no later than one year after the institution provides written notice to the applicant of his or her eligibility or receives written confirmation from the applicant acknowledging the applicant's awareness of his or her eligibility for the exemption, whichever is earlier.

Source Note:The provisions of this §461.100 adopted to be effective August 26, 2009, 34 TexReg 5685; amended to be effective September 6, 2011, 36 TexReg 5684; amended to be effective February 28, 2012, 37 TexReg 1332; transferred effective May 26, 2013, as published in the Texas Register July 12, 2013, 38 TexReg 4513.