Tex. Codes » Education Code · TITLE 3. HIGHER EDUCATION · SUBTITLE A. HIGHER EDUCATION IN GENERAL · CHAPTER 54. TUITION AND FEES
Texas Codes

Tex. Educ. Code § 54.052 (2026)

Determination Of Resident Status

✓ current as of May 2026
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Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) Subject to the other applicable provisions of this subchapter governing the determination of resident status, the following persons are considered residents of this state for purposes of this title:

(1) a person who:

(A) established a domicile in this state not later than one year before the census date of the academic term in which the person is enrolled in an institution of higher education; and

(B) maintained that domicile continuously for the year preceding that census date;

(2) a dependent whose parent:

(A) established a domicile in this state not later than one year before the census date of the academic term in which the dependent is enrolled in an institution of higher education; and

(B) maintained that domicile continuously for the year preceding that census date; and

(3) a person who:

(A) graduated from a public or private high school in this state or received the equivalent of a high school diploma in this state; and

(B) maintained a residence continuously in this state for:

(i) the three years preceding the date of graduation or receipt of the diploma equivalent, as applicable; and

(ii) the year preceding the census date of the academic term in which the person is enrolled in an institution of higher education.

(b) For purposes of this section, the domicile of a dependent's parent is presumed to be the domicile of the dependent unless the person establishes eligibility for resident status under Subsection (a)(3).

Added by Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 3, eff. September 1, 2005.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2022 · leading case: Keith Harris v. Texas Vets. Comm'n, 827 F.3d 359 (5th Cir. 2016).
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Keith Harris v. Texas Vets. Comm'n, 827 F.3d 359 (5th Cir. 2016). “" Tex. Educ. Code § 54.052(a)(1). 3 . Harris concedes that Texas’s sovereign immunity prevents him from recovering in damages the tuition he has already paid to the University for the semesters that passed before he commenced his suit.”
Smith v. Bd. of Regents of the Univ. of Houston Sys., 874 S.W.2d 706 (Tex. App. 1994). “Tex.Educ.Code Ann. § 54.052(f) (Vernon 1987).”
Young Conservatives of Texas Found. v. The Univ. of North Texas (E.D. Tex. 2022). · cites it 4× “” TEX. EDUC. CODE § 54.052 (requiring a showing of “domicile” or “residence” for each category); Id.”
Tex. Educ. Code § 54.052(a): 1 case
Young Conservatives of Texas Found. v. The Univ. of North Texas (E.D. Tex. 2022). “” TEX. EDUC. CODE § 54.052 (requiring a showing of “domicile” or “residence” for each category); Id.”
Tex. Educ. Code § 54.052(a)(1): 1 case
Keith Harris v. Texas Vets. Comm'n, 827 F.3d 359 (5th Cir. 2016). “" Tex. Educ. Code § 54.052(a)(1). 3 . Harris concedes that Texas’s sovereign immunity prevents him from recovering in damages the tuition he has already paid to the University for the semesters that passed before he commenced his suit.”
Tex. Educ. Code § 54.052(a)(3): 1 case
Young Conservatives of Texas Found. v. The Univ. of North Texas (E.D. Tex. 2022). “” TEX. EDUC. CODE § 54.052 (requiring a showing of “domicile” or “residence” for each category); Id.”
Tex. Educ. Code § 54.052(f): 1 case
Smith v. Bd. of Regents of the Univ. of Houston Sys., 874 S.W.2d 706 (Tex. App. 1994). “Tex.Educ.Code Ann. § 54.052(f) (Vernon 1987).”
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