Texas Residency Glossary

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. 

Clear and Convincing Evidence 
The degree of proof that will produce a firm conviction or a firm belief as to the truth of the allegations sought to be established.  

Coordinating Board or Board 
The Texas Higher Education Coordinating Board (THECB). 

Core Residency Questions 
The questions promulgated by the Board to be completed by a person and used by an institution as a significant aid in determining if the person is a Texas resident. The core questions shall be those set forth in the ApplyTexas Application or posted on the Board web site. 

Dependent 
A person who: 

  1. is less than 18 years of age and has not been emancipated by marriage or court order; or 

  1. is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986 26 U.S. Code §152, regardless of whether another person has claimed the dependent. 

Domicile 
A person's principal, permanent residence to which the person intends to return after any temporary absence. 

Significant Gainful Employment 
Employment, including self-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 person's tuition, fees and living expenses as determined in keeping with the institution's student financial aid budget or that represents an average of at least twenty hours of employment per week.  

A person who is living off their earnings (present or past — such as pensions, veterans' benefits, social security and savings from previous earnings) may be considered gainfully employed for purposes of establishing domicile, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, internships, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for purposes of resident determination. 

Lawfully Present Alien 
A non-U.S. citizen who seeks resident tuition and who proves by clear and convincing evidence that the alien is lawfully present in the United States as required by 8 U.S.C. 
§1623(a). 

Legal Guardian 
A person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian. 

Managing Conservator 
A parent, a competent adult, an authorized agency or a licensed child-placing agency appointed by court order issued under the Texas Family Code, Title 5. 

Nonresident Tuition 
The amount of tuition paid by a person who is not a Texas resident and who is not entitled or permitted to pay resident tuition under Texas law and THECB rules. 

Parent 
A natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. The term does not otherwise include a stepparent. 

Possessory Conservator 
A natural or adoptive parent appointed by court order issued under the Texas Family Code, Title 5. 

Private High School 
A private, parochial or home school in Texas. 

Regular Semester 
A fall or spring semester, typically consisting of 16 weeks. 

Residence 
A person's home or other dwelling place; where a person resides. 

Resident Status Determination Official 
The institution’s employee(s) responsible for determining the resident status of students at the institution. 

Resident Tuition 
The amount of tuition paid by a person who qualifies as a Texas resident under Texas law and THECB rules. 

Residential Real Property 
Land and improvements that include a dwelling intended for long-term human habitation. 

Temporary Absence 
When a person who has previously met the criteria for resident status but is absent only for a short duration (i.e., less than one year) from the state of Texas and the person has the intention to return to the person's domicile in Texas. The durational limitation on temporary absences does not apply to absences resulting from a person's or dependent's parent's service in the U.S. Armed Forces, U.S. Public Health Service, or U.S. Department of State, due to employment assignment, or for educational purposes. 

United States Citizenship and Immigration Services (USCIS) 
The bureau of the U.S. Department of Homeland Security that is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities.