1. (a) In order to be eligible to receive the Hazlewood Act Exemption, children shall demonstrate that they:

   1. (1) are children of:

      1. (A) members of the U.S. Armed Forces who entered the service in the State of Texas; declared Texas as their home of record in the manner provided by the military or other service; or were residents of Texas when they entered the service and who:

         1. (i) were killed in action; or
         2. (ii) died while in service; or
         3. (iii) are missing in action; or
         4. (iv) whose deaths are documented to be directly caused by illness or injury related to service in the armed forces of the United States; or
         5. (v) are totally and permanently disabled or meet the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs; or

      2. (B) members of the Texas National Guard or Texas Air National Guard who:

         1. (i) were killed since January 1, 1946 while on active duty either in the service of Texas or the United States; or
         2. (ii) are totally and permanently disabled or meet the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs.
   2. (2) are classified by their institutions as residents of Texas for the term or semester for which they claim the Hazlewood Act Exemption.
2. (b) Children of service-related totally disabled or individually unemployable veterans, if a continuing or transfer student, must meet the GPA requirement of the institution's satisfactory academic progress policy in a degree or certificate program as determined by the institution's financial aid policy; except the child is not required to enroll in a minimum course load. The child also must meet the other requirements of Texas Education Code §54.2001. These requirements do not apply to a child of a veteran who has died from a service-related injury or illness or who was classified as missing in action (MIA), or killed in action (KIA).

Source Note:The provisions of this §461.60 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753.