To be eligible for a rebate under this program, a student must:
  (1) have enrolled for the first time in an institution of higher education in the fall 1997 semester or later;
  (2) request a rebate for coursework related to a first baccalaureate degree received from a general academic teaching institution;
  (3) have been a resident of Texas as set forth under Chapter 21, Subchapter B of this title (relating to Determining Residence Status) and have been entitled to pay resident tuition at all times while pursuing the degree;
  (4) if enrolled for the first time in fall 2005 or later, graduate within four calendar years for a four-year degree or within five calendar years for a five-year degree if the degree is in architecture, engineering, or any other program determined by the Board to require more than four years to complete; and
  (5) have attempted no more than three hours in excess of the minimum number of semester credit hours required to complete the degree under the catalog under which the student graduated.
    (A) Hours attempted shall include:
      (i) transfer credits;
      (ii) course credit earned exclusively by examination (except that, for the purposes of this program, only the number of semester credit hours earned exclusively by examination in excess of nine semester credit hours is treated as hours attempted);
      (iii) courses dropped after the official census date;
      (iv) optional internship and cooperative education courses; and
      (v) repeated courses.
    (B) Hours attempted shall not include:
      (i) course credit that is earned to satisfy requirements for a Reserve Officers' Training Corps (ROTC) program but that is not required to complete the degree program;
      (ii) course credit, other than course credit earned exclusively by examination, that is earned before graduating from high school; and
      (iii) courses dropped for reasons that are determined by the institution to be totally beyond the control of the student.
    (C) For students concurrently earning a baccalaureate degree and a Texas teaching certificate, required teacher education courses shall not be counted to the extent that they are over and above the free electives allowed in the baccalaureate degree program.

Source Note: The provisions of this §13.82 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective December 3, 2003, 28 TexReg 10756; amended to be effective November 22, 2005, 30 TexReg 7729; amended to be effective November 29, 2011, 36 TexReg 8014