(a) Subject to the following provisions, an institution shall exempt an eligible person from the payment of tuition, mandatory fees, dues, and other required charges, including fees for correspondence courses and distance education courses, but excluding general deposit and student services fees and any fees or charges for lodging, board, or clothing.
(b) An institution is not required to provide the Hazlewood Act Exemption for tuition and fees related to courses for which the institution does not receive state formula funding, unless the governing board of the institution specifically chooses to provide the exemption for such courses.
(c) Generally, the Hazlewood Act Exemption provides for both resident or nonresident tuition and fees for those who meet all requirements to receive the benefit.
(d) A person's eligibility for the Hazlewood Act Exemption is not impacted by federal veterans' education programs that provide for benefits not specifically designated for the payment of tuition and fees.
(e) The Legacy recipient will receive an exemption for the number of degree certified hours reported by the institution for that term or semester. Maximum degree certified hours awarded to the Legacy recipient will be dependent upon the degree or certificate program in which the student is enrolled for that term or semester and shall be consistent with the program length as defined within the school catalog as approved by the regional accreditation commission (Texas Government Code §434.0079(c)(1)).
(f) Stacking state and federal veterans education benefits is permitted. Persons eligible for more than one federal veterans education benefit must select which federal program to stack with the Hazlewood Act Exemption. Persons eligible for federal veterans benefits not specifically designated for the payment of tuition and fees, or eligible for federal veterans education benefits at less than the 100% entitlement level, may stack those benefits with the Hazlewood Act Exemption. If the person elects to apply federal benefits that provide for payment of tuition and fees, this federal benefit will be applied prior to the application of Hazlewood. At no time will the total of federal and state benefits exceed 100% of the tuition and fees for the term.
(g) An eligible person is not entitled to receive the Hazlewood Act Exemption for more than 150 attempted semester credit hours, except that it may be less as described in subsection (e) of this section.
(h) If the Hazlewood Act Exemption is used to pay for only a portion of the hours taken during a given term or semester, an institution shall deduct only the proportion used from the 150 hours of eligibility. When reporting the proportional hours to the Commission, institutions shall round any fraction of an hour up to the nearest whole number.
(i) The governing board of a public junior college, public technical institute, or public state college, as those terms are defined by Texas Education Code §61.003, may establish a fee for extraordinary costs associated with a specific course or program and may determine that the exemption does not apply to this fee.
(j) In determining whether to admit a person to any certificate program or to any baccalaureate, graduate, postgraduate, or professional degree program, an institution may not consider the fact that the person is eligible for an exemption through this subchapter.
(k) An application for the Hazlewood Act Exemption shall be denied if it is determined that the applicant is in default on an educational loan made or guaranteed by the State of Texas.
(l) If the institution is unable to determine eligibility of an applicant in accordance with this subchapter, the institution shall consult with the Commission to resolve the matter.

Source Note: The provisions of this §461.30 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753