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Rule 40404: Tuition Rates for Students Residing in Certain Counties and States and Attending Certain Institutions

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1.  Title

Tuition Rates for Students Residing in Certain Counties and States and Attending Certain Institutions

2.  Rule and Regulation

Sec. 1  Background.   Pursuant to Texas Education Code Section 54.231(g) the Board of Regents may agree to admit nonresident students at resident tuition rates as allowed under Texas Education Code Section 54.231. That statute provides that a student who resides in a county or parish of Arkansas, Louisiana, New Mexico, or Oklahoma, that is adjacent to Texas, is eligible for such a tuition concession provided the adjoining state allows a Texas resident of a county adjoining that state enrolled at a public institution in that state to pay the tuition rate charged for residents of that state. Pursuant to Texas Education Code Section 54.0601, the Board may also request permission from the Texas Higher Education Coordinating Board to set a nonresident tuition rate that is lower than the regular nonresident tuition rate for a general academic teaching institution located not more than 100 miles from the boundaries of Texas with another state.

Sec. 2  Authorizations.   As a result, the Board of Regents authorized the following:

2.1  The University of Texas at El Paso was authorized to establish resident tuition rates for students residing in counties in New Mexico that are adjacent to Texas.

2.2  The Board of Regents authorized The University of Texas at Dallas, The University of Texas Permian Basin, and The University of Texas at Tyler, respectively, to charge, effective with the Spring Semester 1996, a reduced tuition rate equal to the statutory rate for Texas residents, plus $30 per semester credit hour, for citizens of states within 100 miles of each institution as indicated below:

Institution                                State(s) within 100 Miles

U. T. Dallas                               OK
U. T. Permian Basin                NM
U. T. Tyler                                 AR, LA, OK

3.  Definitions

Student – the Texas Higher Education Coordinating Board has defined a student for the purposes of this Rule as applying only to an undergraduate student.

4.  Relevant Federal and State Statutes 

Texas Education Code Section 54.231 – Resident of Bordering State or Nation or Participant in Student Exchange Program: Tuition 
Texas Education Code Section 54.0601 – Nonresident Tuition Rates at Certain Institutions 

5.  Relevant System Policies, Procedures, and Forms 

Regents’ Rules and Regulations, Rule 40401 – Assessment, Collection, Delegation, and Waiver of Tuition and Fees 

6.  Who Should Know 


7.  System Administration Office(s) Responsible for Rule 

Office of Academic Affairs 
Office of Health Affairs 

8.  Dates Approved or Amended 

Editorial amendment made to Sec. 2.2 on December 19, 2018
Editorial amendments made May 15, 2013 
Editorial amendment made to Number 5 on September 17, 2008 
December 10, 2004 

9.  Contact Information 

Questions or comments regarding this Rule should be directed to: