(a) An eligible veteran or, if the eligible veteran has died, his or her spouse, or child's conservator, guardian, custodian, or other legally designated caretaker (if the child does not otherwise qualify for an exemption under Texas Education Code §54.341(b)), may elect to waive the eligible veteran's right to all or a portion of unused hours for which he or she is eligible (up to the maximum 150 semester credit hours). By completing the relevant forms as prescribed by the Commission and submitting them to the institution, the veteran, his or her spouse, or child's conservator, guardian, custodian, or other legally designated caretaker may:
  (1) assign the unused hours to only one of his or her children at a time; and
  (2) if the child to whom the hours have been assigned fails to use all available credit hours, assign the remaining hours to another of his or her children.
(b) For an otherwise eligible veteran to assign his or her unused hours to a child through the Hazlewood Legacy Program (applies to new recipients Fall 2011), he or she must:
  (1) reside in Texas; or
  (2) demonstrate that he or she is out of state only because of his or her own (or a spouse's) current military orders and provide the orders and most recent three months' Leave and Earnings Statements (LES) showing Texas to be the person's home. If the orders and LES do not both indicate Texas as the person's home, other documentation must be provided to support the person's claim to domicile in Texas.
(c) For an otherwise eligible child to be entitled to the Hazlewood Act Exemption through the Hazlewood Legacy Program in a given term or semester, he or she must:
  (1) be classified by their institution as a resident of Texas for the term or semester for which the child claims the Hazlewood Act Exemption;
  (2) if a continuing or transfer student, meet 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 child is not required to enroll in a minimum course load and also meets all other requirements of Texas Education Code §54.2001; and
  (3) meet the age requirements set forth in subsection (d) of this section.
(d) An eligible child must:
  (1) be 25 years of age or younger on the first day of the semester or other academic term for which the exemption is claimed; or
  (2) if the child is over the age of 25 and otherwise eligible for the exemption, the child must provide the institution documentation from a physician or a physician assistant indicating he or she suffered from a severe illness or other debilitating condition which prevented the child from using the exemption in the required timeframe. In this case, the student's eligibility shall be extended for a period of time equal to the time during which he or she experienced the illness or debilitating condition.
(e) The Legacy recipient will receive exemption for the number of degree certified hours as referenced in §461.30(e) of this subchapter (relating to Hazlewood Act Exemption).

Source Note: The provisions of this §461.70 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753