Residency Information

Basic Residency Information

An individual's residency classification is based on information from his/her ApplyTexas application. To qualify as a Texas resident, an individual must live in Texas for one year and establish a domicile in Texas prior to enrollment. An applicant or student who is claimed as a dependent on a parent's most recent federal tax return may be classified based on the parent's qualifications for residency with proper documentation.

The amount of tuition you are charged is based on your residency classification, which is determined according to the information you submit on the ApplyTexas application. You may also be asked to provide documentary evidence that proves your residency status.

Residency Classifications

The general residency classifications for tuition purposes are as follows:

  • In-district (Bexar County resident): A Texas resident who has lived in Texas for the past 12 months and resides in Bexar County.
  • Out-of-district: A Texas resident for the past 12 months who does not reside in Bexar County.
  • Out-of-state: A U.S. citizen who has not lived in Texas for the past 12 months.
  • Out-of-country: A non-U.S. citizen who is not a resident alien.

Your residency classification is based on rules and regulations established by the Texas Higher Education Coordinating Board Texas Administrative Code (TAC), Title 19-Education, Part 1-Texas Higher Education Coordinating Board, Chapter 21-Student Services, Subchapter B-Determination of Resident Status. If you have questions about residency, you may contact Admissions and Records. Information on residency is subject to change at any time due to State or immigration laws/regulations.

The student has the burden of proof to show by clear and convincing evidence that residence or domicile, as appropriate, has been established and maintained in accordance with the Texas Administrative Code.

An individual whose initial purpose for moving to Texas is to attend an institution of higher education as a full-time student will be presumed not to have the required intent to make Texas his or her domicile; however, the presumption may be overruled by clear and convincing evidence.

An individual shall not ordinarily be able to establish domicile by performing acts which are directly related to fulfilling educational objectives or which are required or routinely performed by temporary residents of the State.

Determining Residency

The following persons shall be classified as Texas Residents and entitled to pay resident tuition at all institutions of higher education.

(1) a person who:

  • (A) graduated from a public or accredited private high school in this state or, as an alternative to high school graduation, received the equivalent of a high school diploma in this state, including the successful completion of a nontraditional secondary education and
  • (B) maintained a residence continuously in this state for:  
    • (i) the thirty-six months immediately preceding the date of graduation or receipt of the diploma equivalent, as applicable; and
    • (ii) the 12 months preceding the census date of the academic semester in which the person enrolls in an institution.

(2) a person who:

  • (A) established domicile in this state not less than 12 months before the census date of the academic semester in which the person enrolls in an institution; and 
  • (B) maintained domicile continuously in the state for the 12 months immediately preceding the census date of the academic semester in which the person enrolls in an institution.

(3) a dependent whose parent:

  • (A) established domicile in this state not less than 12 months before the census date of the academic semester in which the person enrolls in an institution; and
  • (B) maintained domicile continuously in the state for the 12 months immediately preceding the census date of the academic semester in which the person enrolls in an institution.

Changing Residency

Documentation to Support Establishing and Maintaining Domicile in Texas

The following documentation may be requested by the institution regarding a person’s responses to the Core Residency Questions.  Documents that may be used as proof that:

(1)  The person or the dependent’s parent established domicile in Texas, and

(2)  The person or the dependent’s parent has maintained domicile in Texas continuously for at least 12 consecutive months immediately preceding the census date of the term in which the person enrolls, include but are not limited to the following:

1. Significant Gainful Employment

  • a. An employer’s statement of dates of employment in Texas (beginning and current or ending dates) that encompass at least 12 consecutive months immediately preceding the census date of the term in which the person enrolls.  However, employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
  • b. Other documents that show the person or the dependent’s parent, for at least 12 consecutive months immediately preceding the census date of the term in which the person enrolls: 
    • 1) has been engaged in employment intended to provide an income to the person or allow the person to avoid the expense of paying another to perform tasks (as in child care) that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week; or
    • 2) is self-employed in Texas or is living off his/her earnings;  or
    • 3) is primarily supported by public assistance in Texas.
     
  • c. For a person living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the person for the 12 consecutive months immediately preceding the census date of the term in which the person enrolls.

2. Sole or Joint Marital Ownership of Residential Real Property

Title to residential real property in Texas with documentation to verify 12 consecutive months of ownership immediately preceding the census date of the term in which the person enrolls, such as a Warranty Deed, with the person or the dependent’s parent having established and maintained domicile at that residence. 

3. Marriage to a Person Who Has Established and Maintained Domicile in Texas

Marriage Certificate or Declaration of Registration of Informal Marriage with documentation to support that spouse has established and maintained domicile in Texas for the 12 consecutive months preceding the census date of the term in which the person enrolls.

4. Ownership of a Business entity

Documents that evidence the organization of the business in Texas that reflect the ownership interest of the person or dependent’s parent, and the customary management of the business by the person or dependent’s parent without the intention of liquidation for the foreseeable future.

NOTE: Additional documents may be requested to support your claim as a Texas Resident. 

Documentation for In-District Classification 

If a student claims In-District classification he/she must provide proof of physically residing in Bexar County. This is required before tuition status can be adjusted.  Any tuition status revisions submitted after the official census date becomes effective the following term.  

Required Documents

Texas ID or Driver’s License (with Bexar County address) or

Current lease or proof of ownership of real property (in Bexar County)

NOTE: Additional documents may be requested to support your claim as a Bexar County Resident.

Non-U.S. Citizens

The following non-U.S. citizens are eligible to establish and maintain a domicile in this state for the purposes of subsection (a)(2) or (3) under the Determination of Residency.  

  • A Permanent Resident: a student will need to submit an up-to-date copy of their Resident Card (I-551).
  • A person who is 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) showing that his or her I-485 has been reviewed and has not been rejected. Students should submit their latest I-797 form.
  • An eligible nonimmigrant who holds one of the types of visas posted on the Coordinating Board’s web site.  Students will need to submit copies of their passport, visa, I-94, and other documents as requested.
  • A person classified by the USCIS as a Refugee, Asylee, Parolee, Conditional Permanent Resident, or Temporary Resident
  • Nonimmigrants (including undocumented citizens) may claim residency to Texas if they meet the following conditions:  
    • Graduated or will graduate from a Texas high school or receive their GED certificate in Texas.
    • Resided in Texas for three years leading up to graduation from high school or received my GED certificate in Texas.
    • Resided or will have resided in Texas for the 12 months prior the census date of the semester in which he/she will enroll.
    • Has filed or will file an application to become a permanent resident at the earliest opportunity that he/she is eligible to do so.
    • Students in this category must complete an Affidavit.

Continuing Resident Status

(a) Except as provided under subsection (c) of this section, a person who was enrolled in an institution for any part of the previous state fiscal year and who was classified as a resident of this state under Chapter 54, Subchapter B, Texas Education Code, in the last academic period of that year for which the person was enrolled is considered to be a resident of this state for purposes of this subchapter, as of the beginning of the following fall semester. If an institution acquires documentation that a person is a continuing student who was classified as a resident at the previous institution, no additional documentation is required. The person is not required to complete a new set of Core Questions.

(b) Except as provided by subsection (c) of this section, a person who has established resident status under this subchapter is entitled to pay resident tuition in each subsequent academic semester in which the person enrolls at any institution.

(c) A person who enrolls in an institution after two or more consecutive regular semesters during which the person is not enrolled in a public institution shall submit the information required in 21.25 of this title, (relating to Information Required to Initially Establish Resident Status), and satisfy all the applicable requirements to establish resident.