Texas Education Code - Section 54.058. Military Personnel And Dependents
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§ 54.058. MILITARY PERSONNEL AND DEPENDENTS. (a)
Military personnel are classified as provided by this section.
(b) A person who is an officer, enlisted person, selectee,
or draftee of the Army, Army Reserve, Army National Guard, Air
National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve,
Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard
Reserve of the United States, who is assigned to duty in Texas, and
the spouse and children of such an officer, enlisted person,
selectee, or draftee, are entitled to register in a state
institution of higher education by paying the tuition fee and other
fees or charges required of Texas residents, without regard to the
length of time the officer, enlisted person, selectee, or draftee
has been assigned to duty or resided in the state. However,
out-of-state Army National Guard or Air National Guard members
attending training with Texas Army or Air National Guard units
under National Guard Bureau regulations may not be exempted from
nonresident tuition by virtue of that training status nor may
out-of-state Army, Air Force, Navy, Marine Corps, or Coast Guard
Reserves training with units in Texas under similar regulations be
exempted from nonresident tuition by virtue of that training
status. It is the intent of the legislature that only those members
of the Army or Air National Guard or other reserve forces mentioned
above be exempted from the nonresident tuition fee and other fees
and charges only when they become members of Texas units of the
military organizations mentioned above.
(c) The spouse or child of a member of the Armed Forces of
the United States who has been assigned to duty elsewhere
immediately following assignment to duty in Texas is entitled to
pay the tuition fees and other fees or charges provided for Texas
residents as long as the spouse or child resides continuously in
Texas.
(d) A spouse or dependent child of a member of the Armed
Forces of the United States, who is not assigned to duty in Texas
but who has previously resided in Texas for a six-month period, is
entitled to pay the tuition fees and other fees or charges provided
for Texas residents for a term or semester at an institution of
higher education if the member:
(1) at least one year preceding the first day of the
term or semester executed a document with the applicable military
service that is in effect on the first day of the term or semester
and that:
(A) indicates that the member's permanent
residence address is in Texas; and
(B) designates Texas as the member's place of
legal residence for income tax purposes;
(2) has been registered to vote in Texas for the entire
year preceding the first day of the term or semester; and
(3) satisfies at least one of the following
requirements:
(A) for the entire year preceding the first day
of the term or semester has owned real property in Texas and in that
time has not been delinquent in the payment of any taxes on the
property;
(B) has had an automobile registered in Texas for
the entire year preceding the first day of the term or semester; or
(C) at least one year preceding the first day of
the term or semester executed a will that has not been revoked or
superseded indicating that the member is a resident of this state
and deposited the will with the county clerk of the county of the
member's residence under Section 71, Texas Probate Code.
(e) A Texas institution of higher education may charge to
the United States government the nonresident tuition fee for a
veteran enrolled under the provisions of a federal law or
regulation authorizing educational or training benefits for
veterans.
(f) The spouse or child of a member of the Armed Forces of
the United States who dies or is killed is entitled to pay the
resident tuition fee if the spouse or child becomes a resident of
Texas within 60 days of the date of death.
(g) If a member of the Armed Forces of the United States is
stationed outside Texas and the member's spouse or child
establishes residence in Texas by residing in Texas and by filing
with the Texas institution of higher education at which the spouse
or child plans to register a letter of intent to establish residence
in Texas, the institution of higher education shall permit the
spouse or child to pay the tuition, fees, and other charges provided
for Texas residents without regard to length of time that the spouse
or child has resided in Texas.
(h) The governing board of Midwestern State University may
set the resident and nonresident tuition rates for United States
military personnel enrolled in the bachelor of science or master of
science degree program in radiological sciences at Midwestern State
University at the rates the governing board considers appropriate,
notwithstanding any other provision of this subchapter, and may
exempt those military personnel from all or part of required fees
and charges while enrolled in one of those programs. The total
amount of tuition and required fees charged to a resident member of
the armed forces under this subsection may not be less than the
total amount of tuition and required fees charged to other resident
students in the same program. United States military personnel
enrolled in one of those programs by instructional
telecommunication are entitled to pay tuition fees and other fees
or charges provided by the board for United States military
personnel residing in Texas if they began the program while
stationed at a military base or other installation in Texas as a
member of the United States Armed Forces. In this subsection,
"instructional telecommunication" means instruction delivered
primarily by telecommunication technology, including open-channel
television, cable television, closed-circuit television, low power
television, communication and/or direct broadcast satellite,
satellite master antenna system, microwave, videotape, videodisc,
computer software, computer networks, and telephone lines.
(i) A former member of the Armed Forces of the United States
or the former member's spouse or dependent child is entitled to pay
the tuition fees and other fees or charges provided for Texas
residents for any term or semester at a state institution of higher
education that begins before the first anniversary of the member's
separation from the Armed Forces if the former member:
(1) has retired or been honorably discharged from the
Armed Forces; and
(2) has complied with the requirements of Subsection
(d).
(j) A member of the Armed Forces of the United States or the
child or spouse of a member of the Armed Forces of the United States
who is entitled to pay tuition and fees at the rate provided for
Texas residents under another provision of this section while
enrolled in a degree or certificate program is entitled to pay
tuition and fees at the rate provided for Texas residents in any
subsequent term or semester while the person is continuously
enrolled in the same degree or certificate program. For purposes of
this subsection, a person is not required to enroll in a summer term
to remain continuously enrolled in a degree or certificate program.
The person's eligibility to pay tuition and fees at the rate
provided for Texas residents under this subsection does not
terminate because the person is no longer a member of the Armed
Forces of the United States or the child or spouse of a member of the
Armed Forces of the United States.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 1632, ch. 591, § 1,
eff. June 15, 1973; Acts 1985, 69th Leg., ch. 708, § 6, eff. Aug.
26, 1985; Acts 1995, 74th Leg., ch. 103, § 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 5, § 1, eff. April 17, 1997; Acts 1997,
75th Leg., ch. 1298, § 1, eff. June 20, 1997; Acts 2001, 77th
Leg., ch. 515, § 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch.
417, § 1, eff. June 20, 2003.
Section: 54.0516 54.052 54.053 54.054 54.055 54.056 54.057 54.058 54.059 54.060 54.0601 54.063 54.064 54.065 54.069
Last modified: August 10, 2007
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