On June 17, 2005, the Governor of Texas signed into law Senate Bill 1528 (SB 1528). Under this law, a person who is not a US citizen or permanent resident shall be classified as a Texas resident and is entitled to pay resident tuition, if the individual:

1. Graduated from a public or accredited private high school in the State of Texas or received the equivalent of a high school diploma (GED) in the State of Texas,

2. Maintained a residence continuously in the State of Texas for the 36 months immediately preceding the date of high school graduation or receipt of the high school diploma equivalent (GED), and

3. Maintained a residence continuously in the State of Texas for the 12 months immediately preceding the academic term for which the person is trying to enroll at the University, and

4. Submits an affidavit stating that the person will apply to become a permanent resident of the United State as soon as the person becomes eligible to do so (Affidavit of Intent).

Students who meet the first three criteria must submit the Affidavit (notarized) along with an official copy of their high school transcript or GED certificate.