# 19 Tex. Admin. Code § 21.28: 19 TAC § 21.28. Errors in Classification

> Texas · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_28

## Section

- **Citation:** 19 Tex. Admin. Code § 21.28
- **Heading:** 19 TAC § 21.28. Errors in Classification
- **Jurisdiction:** Texas
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Texas Administrative Code / Title 19 EDUCATION / Part 1 TEXAS HIGHER EDUCATION COORDINATING BOARD / Chapter 21 STUDENT SERVICES / 19 TAC § 21.28

## Text

(a) If an institution erroneously classifies a person
 as a resident, the institution shall charge nonresident tuition to
 the person beginning with the semester following the date that the
 institution discovers the error.
(1) Not earlier than the first day of the following
 semester, the institution may notify the person that he or she must
 pay the difference between resident and nonresident tuition for each
 previous semester in which the student should not have paid resident
 tuition, if:
(A) the person failed to provide to the institution,
 in a timely manner after the information becomes available or on request
 by the institution, any information that the person reasonably should
 know would be relevant to an accurate classification by the institution
 under this subchapter information; or
(B) the person provided false information to the institution
 that the person reasonably should know could lead to an erroneous
 classification by the institution under this subchapter.
(2) If the institution provides notice under paragraph
 (1) of this subsection, the person shall pay the applicable amount
 to the institution not later than the 30th day after the date the
 person is notified of the person's liability for the amount owed.
 After receiving the notice and until the amount is paid in full, the
 person is not entitled to receive from the institution a certificate
 or diploma, if not yet awarded on the date of the notice, or official
 transcript that is based at least partially on or includes credit
 for courses taken while the person was erroneously classified as a
 resident of this state.
(b) If an institution erroneously classified a person
 as a nonresident of this state under this subchapter and the person
 is entitled or permitted to pay resident tuition, the institution
 shall charge resident tuition to the person beginning with the semester
 in which the institution discovered the error. Regardless of the reason
 for the error, the institution shall immediately refund to the person
 the amount of tuition the person paid in excess of resident tuition.

## Nearby sections

- [19 Tex. Admin. Code § 21.21 19 TAC § 21.21. Authority and Purpose](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_21.md)
- [19 Tex. Admin. Code § 21.22 19 TAC § 21.22. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_22.md)
- [19 Tex. Admin. Code § 21.23 19 TAC § 21.23. Effective Date of this Subchapter](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_23.md)
- [19 Tex. Admin. Code § 21.24 19 TAC § 21.24. Determination of Resident Status](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_24.md)
- [19 Tex. Admin. Code § 21.25 19 TAC § 21.25. Information Required to Initially Establish Resident Status](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_25.md)
- [19 Tex. Admin. Code § 21.26 19 TAC § 21.26. Continuing Resident Status](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_26.md)
- [19 Tex. Admin. Code § 21.27 19 TAC § 21.27. Reclassification Based on Additional or Changed Information](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_27.md)
- [19 Tex. Admin. Code § 21.28 19 TAC § 21.28. Errors in Classification](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_28.md)
- [19 Tex. Admin. Code § 21.29 19 TAC § 21.29. Residence Determination Official](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_29.md)
- [19 Tex. Admin. Code § 21.30 19 TAC § 21.30. Special Procedures for Documenting Compliance](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_30.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T19_P1_C21_S21_28. Check the current official text before relying on it. Not legal advice.