In order to be eligible to receive the Hazlewood Act Exemption, a veteran who claims the benefit for the first time shall demonstrate that he or she currently resides in the state as indicated by the address and signature on the application, unless he or she resides out of state solely due to his or her own (or a spouse's) current military orders, and:
  (1) at the time he or she entered the service, was a resident of Texas, entered the service in the State of Texas, or declared Texas as his or her home of record in the manner provided by the military or other service;
  (2) was discharged under honorable conditions after serving on active military duty, excluding initial entry training, for more than 180 days;
  (3) has attempted fewer than 150 credit hours using the Hazlewood Act Exemption beginning with Fall 1995;
  (4) if a continuing or transfer student, has met the GPA requirement of the institution's satisfactory academic progress policy in a degree or certificate program as determined by the institution's financial aid policy; except the veteran is not required to enroll in a minimum course load, and meets the other requirements of Texas Education Code §54.2001; and
  (5) provide to the institution a completed Hazlewood Act Exemption Application and the supporting documentation, as provided in §461.90 of this subchapter (relating to Supporting Documentation for the Hazlewood Act Exemption Application), no later than the last class date of the semester or term to which the exemption applies.

Source Note: The provisions of this §461.40 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753