Texas Residency Residency-Glossary
The following words and terms, when used in reference to residency, shall have the following meanings, unless the context clearly indicates otherwise:
Census Date: The date in an academic term for which an institution is required to certify a person's enrollment in the institution for the purposes of determining formula funding for the institution (12th class day).
Clear and Convincing Evidence: That degree of proof that will produce a firm conviction or a firm belief as to the facts sought to be established. The evidence must justify the claim both clearly and convincingly.
Dependent: A person who: (A) is less than 18 years of age and has not been emancipated by marriage or court order; or (B) is eligible to be claimed as a dependent of a parent for purposes of determining the parent's income tax liability under the IRS Code of 1986.
Domicile: A person’s principal, permanent residence to which the person intends to return after any temporary absence.
Establishing Domicile in Texas: Physically residing in Texas with the intent to maintain domicile in Texas for at least the 12 consecutive months immediately preceding the census date of the term of enrollment, allowing for documented temporary absences.
Gainful Employment: Employment intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the individual’s tuition and living expenses or that represents an average of at least twenty hours of employment per week. A person who is self-employed, employed as a homemaker, or who is living off his/her earnings may be considered gainfully employed for tuition purposes, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
Independent Student: A student 18 years of age or older or an emancipated minor who is not claimed by a parent or legal guardian as a dependent for federal income tax purposes during the tax year.
International Student: Individuals from other countries than the United States who are not U.S. citizens or permanent residents of this country.
Legal Guardian: A person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.
Maintain Domicile: To physically reside in Texas with the intent to always return to the state after a temporary absence. The maintenance of domicile is not interrupted by a temporary absence from the state.
Parent: A natural or adoptive parent, managing or possessory conservator, or court appointed legal guardian of a person. The term does not include a step-parent.
Property Ownership: Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent's parent, having established and maintained domicile at that residence. Owning a time-share, renting a residence or owning a cemetery plot does not constitute property ownership.
Residence: A person’s home or other dwelling place.
Temporary absence: Absence from the State of Texas with the intention to return, generally for a period of less than five years. For example, the temporary absence of a person or a dependent’s parent from the state for the purpose of service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense, U.S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person’s ability to continue to claim that Texas is his or her domicile.