SECTION 355.5. Residency and Residency Documentation Requirements

(a) An applicant for the Epilepsy Program shall meet, and a recipient shall continue to satisfy, the following residency requirements:

(1) the individual shall be physically present within the geographic boundaries of the state;

(2) the individual intends to remain within the state, whether permanently or for an indefinite period; and

(3) the individual does not claim residency in any other state or country.

(b) If the applicant is a minor child; or a legal dependent of, and residing with, a resident (such as an adult child or spouse); or a person under a legal guardianship, then the parent or parent(s), resident providing support, or legal guardian of the applicant shall meet all of the requirements of subsection (a) of this section.

(c) If the applicant is a parent residing with his/her adult child who is a resident of Texas, residency may be determined through the adult child. If the applicant is a parent being supported by his/her adult child, whether or not the applicant is a resident of Texas, the residency may be determined by the adult child providing the required documents supporting the Texas residency of the parent. These provisions apply even if the legal guardianship has been established.

Source Note: The provisions of this §355.5 adopted to be effective March 17, 2002, 27 TexReg 1791; amended to be effective October 8, 2006, 31 TexReg 8237; amended to be effective November 4, 2010, 35 TexReg 9738; amended to be effective July 2, 2015, 40 TexReg 4215; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 981