Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Subchapter B. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS
The Texas Higher Education Coordinating Board proposes amendments to §§21.22, 21.24, and 21.25 concerning Determination of Resident Status and Waiver Programs for Certain Nonresident Persons. Specifically, the amendment to §21.22(6) would adhere to standard procedure by defining the acronym "USCIS" the first time it occurs in the rules. The amendment to §21.22(11) would correct the spelling of an institution by changing it from "San Houston State University" to "Sam Houston State University." Section 21.24(b)(3) states that an eligible nonimmigrant that holds one of the types of visas listed in Chart I and incorporated into this subchapter for all purposes may establish a domicile. The visa type "NAFTA" is proposed for inclusion in the chart to match the existing "Immigration Classifications and Visa Categories" on the website of the United States Citizenship and Immigration Services (USCIS). The eligibility status of visa type "TD" had heretofore not been listed. The amendment would make it clear that a nonimmigrant with this visa type is not eligible to domicile in the United States. Section 21.25(c) states that if a person who establishes resident status under §21.24(a)(1) of this title is not a Citizen of the United States or a Permanent Resident, the person shall, in addition to the other requirements of this section, provide the institution with a signed affidavit, stating that the person will apply to become a Permanent Resident as soon as the person becomes eligible to apply. The affidavit shall be required only when the person applies for resident status and shall be in the form provided in Chart II and incorporated into this subchapter for all purposes. The proposed amendment would add a line to the affidavit (Chart II) on which a person would indicate his or her date of birth. This addition to the affidavit has been requested by institutions in order to ensure the proper matching of documents in the event several students have the same name.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the amendment is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of administering the sections will be an easier understanding of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, §§54.0501 - 54.075.
The amendments affect Texas Education Code, §§54.0501 - 54.075.
§21.22.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (5) (No change.)
(6) Eligible for Permanent Resident Status--a person
who has filed an I-485 application for permanent residency and has
been issued a fee/filing receipt or notice of action by
the United
States Citizenship and Immigration Services (USCIS) [
USCIS]
showing that his or her I-485 has been reviewed and has not been rejected.
(7) - (10) (No change.)
(11) General Academic Teaching Institution--The University
of Texas at Austin; The University of Texas at El Paso; The University
of Texas of the Permian Basin; The University of Texas at Dallas;
The University of Texas at San Antonio; Texas A&M University,
Main University; The University of Texas at Arlington; Tarleton State
University; Prairie View A&M University; Texas Maritime Academy
(now Texas A&M University--Galveston); Texas Tech University;
University of North Texas; Lamar University; Lamar State College--Orange;
Lamar State College--Port Arthur; Texas A&M University--Kingsville;
Texas A&M University--Corpus Christi; Texas Woman's University;
Texas Southern University; Midwestern State University; University
of Houston; University of Texas--Pan American; The University of Texas
at Brownsville; Texas A&M University--Commerce; Sam [San
] Houston State University; Texas State University--San Marcos;
West Texas A&M University; Stephen F. Austin State University;
Sul Ross State University; Angelo State University; and The University
of Texas at Tyler, and as defined in Texas Education Code, §61.003(3).
(12) - (27) (No change.)
§21.24.Determination of Resident Status.
(a) (No change.)
(b) The following non-U.S. citizens may establish a domicile in this state for the purposes of subsection (a)(2) or (3) of this section:
(1) - (2) (No change.)
(3) an eligible nonimmigrant that holds one of the types of visas listed in Chart I and incorporated into this subchapter for all purposes;
(4) - (7) (No change.)
(c) - (f) (No change.)
§21.25.Information Required to Initially Establish Resident Status.
(a) - (b) (No change.)
(c) If a person who establishes resident status under §21.24(a)(1) of this title is not a Citizen of the United States or a Permanent Resident, the person shall, in addition to the other requirements of this section, provide the institution with a signed affidavit, stating that the person will apply to become a Permanent Resident as soon as the person becomes eligible to apply. The affidavit shall be required only when the person applies for resident status and shall be in the form provided in Chart II and incorporated into this subchapter for all purposes.
(d) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2008.
TRD-200802673
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
19 TAC §§21.2100 - 21.2106, 21.2108
The Texas Higher Education Coordinating Board proposes amendments to §§21.2100 - 21.2106 and 21.2108 concerning the Exemption Program for Veterans and their Dependents (The Hazlewood Act). Specifically, the amendment to §21.2100(8) expands the definition of "dependent" to include a child who was claimed as a dependent in the same year as the veteran's death or service-related injury. Previously, a child was a dependent if the child was claimed in the year preceding the veteran's death or injury. The amendment makes §21.2100(8) consistent with §21.2105(b)(3). The amendment to §21.2100(15) reflects the fact that a change regarding deposit fees as mandated in Senate Bill 1233, 80th Texas Legislature, deleted the term "property." This amendment regarding deposit fees is also proposed in §§21.2101(a), 21.2101(b), 21.2102(4), 21.2103(2), 21.2106(a)(3), and 21.2108(a). The amendment to §21.2100(16) updates the citation and title for Chapter 21, Subchapter B, which deals with residency. The amendment to §21.2101(a), in addition to deleting the word "property" from "deposit fees," corrects grammar by changing "veterans" to "veteran." The amendment to §21.2101(g) deletes the now out-dated academic term relevant to when junior college districts were given authority to establish fees for extraordinary costs for certain programs. Amendments to §21.2102(4), in addition to deleting the word "property" from "deposit fees," clarify that Hazlewood benefits can be combined with federal education benefits based on their combined calculated value for the entire semester. A grammatical error is also corrected, changing "are" to "is." The amendment to §21.2104(b) provides guidance for processing late applications. The amendment to §21.2104(c) deletes the now out-dated academic term relevant to when all applicants were first required to submit an application to receive the exemption. Previously, only applicants new to the program were required to submit documentation. The amendment to §21.2105(a)(2) deletes the term "reservist's," as all veterans of the armed services may be eligible for federal veterans' education benefits. The amendment to §21.2105(b)(3) reflects the complete list of veteran service-related conditions by which a dependent may qualify for an exemption. The amendment to §21.2106(a)(4) updates the rules related to the eligibility of a veteran who has defaulted on a state and/or federal education loan to comply with statutory language. New §21.2108(a)(c) provides guidance for reporting students who have received federal and state veterans' education benefits during the same semester.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering these changes in the rules.
Ms. Hollis has also determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of administering the sections will be an easier understanding of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §54.203, which provides the Coordinating Board with the authority to adopt rules to provide for the efficient and uniform application of this section.
The amendments affect Texas Education Code, §54.203.
§21.2100.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (7) (No change.)
(8) Dependent--An individual who was claimed as a dependent
for federal income tax purposes by the individual's parent or court-appointed
legal guardian in a particular year and in the previous tax year.
A veteran was a dependent if he or she was claimed as such by a parent
or legal guardian during the veteran's year of entry into the service
and in the previous tax year. A child was a dependent if he or she
was claimed as a dependent for tax purposes the year [preceding
the year] of the veteran's death or disabling injury.
(9) - (14) (No change.)
(15) Deposit [Property deposit]
fees--Fees that an institution may collect[,]
under Texas Education Code, §54.502[, elect to charge to
insure that institution against losses, damages, and breakage in libraries
and laboratories].
(16) Resident of Texas--A resident of the State of
Texas as determined in accordance with Chapter 21,
Subchapter B [§§21.727 - 21.736
], of this title (relating
to Determination of Resident Status and Waiver Programs for Certain
Nonresident Persons).
(17) - (19) (No change.)
§21.2101.Hazlewood Act Exemption.
(a) Subject to the following provisions, an institution
shall exempt an eligible veteran [veterans]
or child from the payment of tuition and fees, other than [
property]
deposit and student service fees. The exemption shall not apply to
the payment of fees for services or items that are not required for
enrollment in general or for the specific courses taken by the student.
(b) If the eligible veteran or child is entitled to
federal veterans' education benefits during the term or semester for
which he or she applies for the Hazlewood Act Exemption, he or she
is entitled to receive both federal and state veterans benefits during
the same time only if the value of the federal veteran's benefits
is less than the value of the student's tuition and fees, less [
property] deposit and student service fees.
(c) - (f) (No change.)
(g) The [Beginning with admissions
for spring 2006, the
] governing board of a junior college district
may establish a fee for extraordinary costs associated with a specific
course or program.
(h) (No change.)
§21.2102.Eligible Veterans.
In order to be eligible to receive a Hazlewood Act Exemption, a veteran shall demonstrate that he or she:
(1) - (3) (No change.)
(4) has no federal veteran's education benefits, or,
if he or she has such benefits, that the value of the benefits
for the semester
, including such benefits as those issued under
Title 38, United States Code, Chapters 30, 32, and 35, and Title 10,
United States Code, Chapters 1606 and 1607
is [are]
less than the value of the student's tuition and fees less [
property
] deposit and student service fees for the relevant term;
(5) - (8) (No change.)
§21.2103.Eligible Children.
In order to be eligible to receive a Hazlewood Act Exemption, children shall demonstrate that they:
(1) (No change.)
(2) have no federal veteran's education benefits, based
on the death or disability of a veteran parent, and that the value
of the benefits is less than the value of the children's tuition and
fees less [property] deposit and student service fees for
the term in which the exemption is to be used; and
(3) (No change.)
§21.2104.The Application.
(a) (No change.)
(b) For an otherwise eligible veteran or child to be entitled to a Hazlewood Act exemption in a given term or semester, he or she must provide a completed Hazlewood Act Exemption Application and provide the supporting documentation to the institution no later than the census date of that term or semester. If the application or supporting documents are provided after the census date, the institution may make the award but is not required to do so.
(c) All [Beginning Fall 2005, all]
institutions shall require the completed Hazlewood Act Exemption Application
Form with supporting documentation for each exemption that is granted.
§21.2105.Supporting Documentation for the Hazlewood Act Exemption Application.
(a) When applying for the first time for the Hazlewood Act Exemption, a veteran shall provide to the institution, along with the Hazlewood Act Exemption Application, the following supporting documentation:
(1) (No change.)
(2) proof of the veteran's [or reservist's]
current status regarding eligibility for federal
veterans' [veterans] education benefits, and
(3) (No change.)
(b) When applying for the first time for the Hazlewood Act Exemption, a child shall provide to the institution, along with the Hazlewood Act Exemption Application, the following supporting documentation:
(1) - (2) (No change.)
(3) proof that the child was a dependent of the veteran at the time the veteran died, sustained his or her disabling injury, or was classified as missing in action;
(4) - (5) (No change.)
§21.2106.Subsequent Hazlewood Exemption Applications.
(a) For each term or semester of an academic year in which the veteran or child receives a Hazlewood Act Exemption, the institution shall confirm that the veteran or child:
(1) - (2) (No change.)
(3) has no federal veteran's benefits, or if he or
she has federal veterans education benefits, that the value of the
benefits is less than the student's tuition and fees less [
property]
deposit and student service fees for the term, and
(4) is not in default on an education [a]
loan made or guaranteed by the State [state]
of Texas and is not in default on a federal loan if that default
is the reason the student cannot use his or her federal veterans'
benefits [or federal government].
(b) (No change.)
§21.2108.Reporting.
(a) All institutions shall report by means of the Texas
Higher Education Coordinating Board's CBM 001 report, for each eligible
veteran and child who is exempted from the payment of tuition and
mandatory and discretionary fees, other than [property]
deposit and student service fees, the following information to the Board:
(1) - (4) (No change.)
(b) (No change.)
(c) If the individual concurrently received federal and state benefits in a given semester, institutions must adjust the data for the Board's report of all students enrolled in credit courses as of the official census date (CBM001 report) to reflect only hours paid through the Hazlewood Act Exemption.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 23, 2008.
TRD-200802726
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114