SECTION 370.43. Citizenship and Residency

(a) An eligible child must be a United States citizen or a non-citizen who is a Qualified Alien.

(b) An eligible child must be a Texas resident. A child is a Texas resident if:

(1) the child's fixed residence is located in Texas and the child's family intends for the child to return to Texas after any temporary absences;

(2) the child has no fixed residence but the child's family intends to remain in the state; or

(3) the child has recently moved to Texas and the child's family intends to remain in the state.

(c) A child does not lose status as a state resident because of temporary absences from the state. An absence longer than 12 months is not considered temporary.

(d) There are no durational requirements for residency. A child without a fixed residence or a new resident in the state who intends to remain in the state is considered a Texas resident.

(e) The Applicant states the child's citizenship, immigration status and Texas residency on the Application. The applicant must provide documentary evidence of the child's citizenship or Qualified Alien status that is satisfactory to HHSC.

Source Note: The provisions of this §370.43 adopted to be effective April 4, 2001, 26 TexReg 2519; amended to be effective September 1, 2003, 28 TexReg 7337; amended to be effective January 1, 2006, 30 TexReg 8666; amended to be effective September 1, 2007, 32 TexReg 5359; amended to be effective January 1, 2014, 38 TexReg 9477