SECTION 7.62. Certification and Evidence of Residency

(a) The purchaser must certify on the application for enrollment in the program that the beneficiary or the parents or guardians of the beneficiary are residents of this state at the time the purchaser enters into the contract and that the beneficiary or the parents or guardians of the beneficiary satisfy any period of residency required by the board. Prior to or after accepting an application for enrollment in the program, the board may require evidence of residency in the state of Texas as of the date of the application.

(b) For beneficiaries under the age of one as of the date of application, the following documents may be considered sufficient to establish residency status:

(1) a birth certificate indicating that the qualified beneficiary was born in Texas; and

(2) one or more of the items listed in subsection (e) of this section.

(c) For beneficiaries who are at least one year of age but younger than six as of the date of application, the following documents may be considered sufficient to establish residency status:

(1) progress reports or other documentation from the child's preschool or child care center or provider evidencing 12 months of continuous residency immediately prior to the date of the application; or

(2) one or more of the items listed in subsection (e) of this section.

(d) For beneficiaries who are at least six years of age but younger than 18 or who are 18 years of age or older and enrolled in high school as of the date of application, the following documents may be considered sufficient to establish residency status:

(1) the child's report cards or transcripts from a public or private school in Texas or documentation from a child care center or provider may be accepted as evidence of 12 months of continuous residency immediately prior to the date of the application; or

(2) one or more of the items listed in subsection (e) of this section.

(e) If no such records relating to the beneficiary exist or are available, or if the beneficiary is a nonresident child of a parent who is a resident of the State of Texas, the parents' or guardians' residency shall be determinative as to eligibility for the program. Residency of a parent or guardian may be established by one or more of the following documents showing 12 months of continuous residence in the state of Texas immediately prior to the date of the application:

(1) voter's registration card;

(2) driver's license;

(3) certificate of domicile;

(4) utility bills at the same residence;

(5) professional or occupational license;

(6) wage statements or other proof of employment in Texas;

(7) Texas vehicle registration; or

(8) any other similar documentation indicating such continuous residency.

(f) In assessing the 12 months continuous residency requirement, brief absences or absences justified by catastrophic or extenuating circumstances may be waived.

Source Note: The provisions of this §7.62 adopted to be effective January 8, 1996, 20 TexReg 11124; amended to be effective November 15, 1996, 21 TexReg 10887; amended to be effective December 3, 1997, 22 TexReg 11716.