(a) Authorizing Statute. The waiver program for scholarship students is authorized through Texas Education Code, §54.213.
(b) Eligible Persons. A nonresident person who receives a competitive scholarship from a Texas public institution of higher education under the following conditions may receive a waiver under the provisions of this section.
  (1) The competitive scholarship must meet the following requirements:
    (A) total at least $1,000 for the period of time covered by the scholarship, not to exceed 12 months;
    (B) be awarded by a scholarship committee authorized in writing by the institution's administration to grant scholarships that permit this waiver of nonresident tuition;
    (C) be awarded according to criteria published in the institution's paper or electronic catalog, available to the public in advance of any application deadline;
    (D) be awarded under circumstances that cause both the funds and the selection process to be under the control of the institution; and
    (E) permit awards to both resident and nonresident persons.
  (2) The waiver of nonresident tuition under this provision shall only apply to the semester or semesters for which the enabling scholarship is awarded.
  (3) If the scholarship is terminated for any reason prior to the end of the semester or semesters for which it was initially awarded, the person shall pay nonresident tuition for any semester following the termination of the scholarship.
  (4) The total number of persons receiving a waiver of nonresident tuition in a given semester under this provision shall not exceed 5 percent of the total number of students enrolled in the institution in the same semester in the prior year.
  (5) The individual receiving a waiver under this provision, unless attending a public community college (for which tuition is local revenue), must provide the institution proof of meeting Selective Service registration requirements or being exempt.
(c) Eligible Institutions. A waiver received under this section only applies to tuition paid to the institution that awarded the enabling scholarship unless the person is simultaneously enrolled in two or more public institutions of higher education under a program offered jointly by the institutions under a partnership agreement, in which case the person is entitled to a waiver also at the second institution.
(d) Adjusted Tuition Rate. An eligible person shall pay the resident tuition rate.

Source Note: The provisions of this §21.2263 adopted to be effective February 28, 2012, 37 TexReg 1332; amended to be effective November 20, 2013, 38 TexReg 8199