Active duty military may be able to claim residency for tuition purposes. Some of the state regulations that allow for this are addressed below. For a list of all rules, please visit the Registar’s Office residency page.
Residency by Establishing Domicile
To establish domicile, the following criteria must be met:
- Live in Texas for 12 consecutive months
- Establish and maintain domicile for 12 consecutive months by doing one of the following:
- Be gainfully employed in Texas (student jobs do not qualify as gainful employment)
- Own residential real property in Texas
- Own a business in Texas
- Have a state or local license to practice a profession
- Be married for one year to a person who has established domicile in Texas
Assigned to Duty in Texas
Nonresident members of the U.S. Armed Forces; members of Texas units of the Army or Air National Guard; members of the Army, Air Force, Navy, Marine Corps or Coast Guard Reserves assigned to duty in Texas; commissioned officers of the Public Health Service assigned to duty in Texas; and their spouses or dependent children will pay resident tuition. Qualified students will submit during their first semester of enrollment in which they will use the waiver program a statement from an appropriately authorized officer in the service certifying that they (or their parent) will be assigned to duty in Texas on the census date of the term they plan to enroll, and that if they are members of the National Guard or Reserves, they are not in Texas only to attend training with Texas units. These students will pay resident tuition so long as they reside continuously in Texas or remain continuously enrolled in the same degree or certificate program. Students are not required to enroll in a summer semester to remain continuously enrolled.
A completed Active Duty Military/Dependent Certification Form should be submitted to the Office of the Registrar prior to registration.
After Assignment to Duty in Texas
Spouses and/or dependent children of nonresident members of the U.S. Armed Forces, or of commissioned officers of the Public Health Service who have been reassigned elsewhere after having been assigned to duty in Texas, will pay resident tuition as long as the spouses or children reside continuously in Texas. Students are not required to enroll in a summer semester to remain continuously enrolled.
Spouses and/or dependent children of members of the U.S. Armed Forces, or of commissioned officers of the Public Health Service who are stationed outside of Texas, will pay resident tuition if the spouses and/or children move to Texas and file a statement of intent to establish residency in Texas with the institution that they attend.
Spouses & Dependents Who Previously Lived in Texas
Spouses and/or dependent children of members of the U.S. Armed Forces, or of commissioned officers of the Public Health Service who previously resided in Texas for at least six months, will pay resident tuition, if the members or commissioned officers at least 12 months prior to the census date of the spouse’s or dependent child’s enrollment in an institution:
- Filed proper documentation with the military or Public Health Service to change their permanent residence to Texas and designated Texas as their place of legal residence for income tax purposes; and
- Registered to vote in Texas; and
- Have satisfied a least one of the following requirements for the 12 months prior to the first day of the relevant semester:
- Ownership of real estate in Texas with no delinquent property taxes;
- Registration of an automobile in Texas; or
- Execution of a currently valid will deposited with a county clerk in Texas, and indicates they are residents of Texas.
Honorably Discharged Veterans
Former members of the U.S. Armed Forces or commissioned officers of the Public Health Service and their spouses and/or dependent children pay resident tuition for any semester beginning prior to the first anniversary of separation from the military or health service, if the former members:
- Have, at least one year preceding the census date of the term or semester, executed a document with the U.S. Armed Forces or Public Health Service that is in effect on the census date of the term or semester, and that changed their permanent residence to Texas and designated Texas as their place of legal residence for income tax purposes; and
- Have been registered to vote in Texas for at least 12 months prior to the census date of the term or semester; and
- Provide documentation that the member has, not less than 12 months prior to the census date of the term in which they plan to enroll, taken one of the three following actions:
- Purchased real estate in Texas with no delinquent property taxes; or
- Registered an automobile in Texas; or
- Executed a currently valid will that has been deposited with a county clerk in Texas, and indicates they are residents of Texas.
Residents of Counties Bordering Texas
New Mexico Residents Who Reside in a County Bordering Texas
A county of note includes:
- Curry County (location of Cannon Air Force Base)
Oklahoma Residents Who Reside in a County Bordering Texas
Some counties of note include:
- Jackson County (location of Altus Air Force Base)
- Tillman County (possibly some residents stationed at Fort Sill live in this county)
- Cotton County (possibly some residents stationed at Fort Sill live in this county)
The determination of residency classification for tuition purposes is governed by statutes enacted by the Texas Legislature and rules and regulations promulgated by the Texas Higher Education Coordinating Board. Students are initially classified either as residents of Texas or nonresidents of Texas, for tuition purposes, based on the information provided on their ApplyTexas Application. If a student is classified as a non-resident and wants to be considered for reclassification as a resident, the Residency Core Questionnaire must be submitted to the Office of the Registrar. Documentation may be requested by the institution to resolve issues raised by the information provided in response to the questions.
Persons Eligible for Federal Education Benefits for Veterans & Dependents
Persons eligible for benefits under the federal Post 9/11 Veterans Educational Assistance Act of 2008, or any other federal law authorizing educational benefits for veterans, are eligible to pay the resident tuition rate without regard to the length of time they have been in the state, as are their spouses and children (including stepchildren), if they meet the following conditions:
- File a letter of intent with their institution to establish residency in Texas;
- Reside in this state while enrolled in the institution;
- If qualifying as a child, be 25 years of age or younger on the first day of the term in which the student is registering, unless meeting the hardship provisions described in clause (iv) of this subparagraph; and
- (iv) If the child applying for an exemption under this provision is 25 years of age or older but can provide proof to the institution of severe illness or other debilitating condition that affected the student’s ability to use the benefit before reaching that age, the child’s period of eligibility to use the waiver will be extended for a length of time equal to the period of illness or incapacity.
Non-immigrant aliens stationed in Texas under the agreement between the parties to the North Atlantic Treaty regarding status of forces, their spouses and dependent children shall pay resident tuition.