(a) Authorizing Statute. The waiver program for individuals attending certain institutions located within 100 miles of the Texas border is authorized through Texas Education Code, §54.0601, "Nonresident Tuition Rates at Certain Institutions."
(b) Eligible Persons. Any nonresident person attending an eligible institution may receive a waiver under this section.
(c) Eligible Institutions. An eligible person may use this waiver at any general academic teaching institution located within 100 miles of the boundary of Texas with another state if the governing board of the institution approves the tuition rate as being in the best interest of the institution and the Commissioner finds that such a rate will not cause unreasonable harm to any other institution
(d) Adjusted Tuition Rate. An eligible person shall pay a tuition rate set by the institution, but not less than $30 more than the resident tuition rate.

Source Note: The provisions of this §21.2264 adopted to be effective February 28, 2012, 37 TexReg 1332