Major General Ross Ayers Opinion No. M-1106
Adjutant General of Texas
P. 0. Box 5218 Re: Tuition for National
Austin, Texas 78703 Guardsmen.
Attention: Col. John B. Garrett
State Judge Advocate
Dear General Ayers:
You have requested our opinion as to whether members
of the Air National Guard are to pay resident or non-resident
fees at State institutions of higher education under the facts
submitted.
The facts concern two individuals summarized as follows:
The individual "moved to Texas from Ohio in
August of 1969, enrolled at NTSU in September of
1969, was accepted into the 531 AFB in July of 1970,
and was formally enrolled in the unit in October of
1970. He has been gainfully employed since moving
to Texas and he has resided in Texas continuously
since August of 1969. He has paid non-resident
tuition at NTSU and at the present time is financial-
ly unable to continue his studies unless he is
placed in a resident tuition status." The individual
"is 28 years old."
Another individual "moved to Texas from New
York in September, 1969, and at that time had been
a member of the 174 Tat Fighter Gp in Syracuse,
N.Y., since April of 1966. He performed equivalent
training with the 531 AFB from September of 1969 to
January of 1970, at which time, he formally enrolled
in the 531 AFB. He is a full time student at NTSU
and has been paying non-resident tuition since first
registering in September of 1969." This individual
"is 24 years old."
Section 54.058 of the Texas Education Code provides
for the classification of military personnel for the purpose of
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General Ross Ayers, page 2 (M-1106)
paying tuition fees. Subdivision (b) of Section 54.058 provides:
"An officer, enlisted man or woman, selectee,
or draftee of the . . . Air National Guard, . . .
who is assigned to duty in Texas is entitled to
register himself, his spouse, and their children
in a state institution of higher education by pay-
ing the tuition fee and other fees or charges re-
quired of Texas residents, without regard to the
length of time he has been assigned to duty or re-
sided in the state. . . . It is the intent of the
legislature that only those members of the Army or
Air National Guard, Texas State Guard, or other
reserve forces mentioned above be exempted from
the nonresident tuition fee and other fees and
charges only when they become members of Texas
units of the military organizations mentioned
above."
Under the facts submitted in your request, the indi-
viduals involved are members of Texas units of the Air National
Guard. Therefore such individuals are classified under the pro-
visions of Section 54.058, Texas Education Code, as resident
students for the purposes of determining tuition rates.
SUMMARY
Under the provisions of Section 54.058 of
the Texas Education Code, members of Texas units
of the armed services mentioned therein are class-
ified as resident students ition purposes,
truly yours,
Prepared by John Reeves
Assistant Attorney General
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General Ross Ayers, page 3 (M-1106)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Roger Tyler
William Travis
John Richards
Bob Davis
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOIA WRITE
First Assistant
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