October 26, 1961
Honorable John S. Hovenga Opinion No. WW-1173
Executive Director
State Teachers Colleges Re: Whether, under the stated
Box K, Capitol Station facts, Davis S. Sanson is
Austin 11, Texas exempt from the payment of
tuition and other fees
under the provisions of
Article 2654b-1 of Vernon's
Dear Mr. Hovenga: Civil Statutes.
We are in receipt of your request for an opinion
concerning the exemption of tuition fees under Article 2654b-1
of Vernon's Civil Statutes.
The facts are clearly stated In your letter, as
follows:
"David S. Sanson has registered at
Southwest Texas State College. His father
lost his life In the course of duty while
a member of the armed forces of the
United States during World War II. The
father was born and reared In Plainview,
Texas which was his legal residence and
domicile at the time of his death. David
S. Sanson has until now been living with
his mother in Portland, Oregon. Article
2645B-1, Vernon's Annotated Texas Civil
Statutes, provides for the exemption of
certain students from paying tuition and
other fees,,inTexas schools of higher
education.
Article 265413-lprovides as follows:
"Section 1. The governing boards
of the several institutions of collegiate
rank, supported In whole or in part by
public funds appropriated from the State
Treasury, are hereby authorized and
directed to except and exempt all citizens
of Texas, who have resided in Texas for
a period of not less than twelve (12)
’ .
Honorable John S. Hovenga, page 2 (WW-1173)
months prior to the date of registration,
and who served during the Spanish-American
and/or during the World War as nurses or
in the Armed Forces of the United States
during the World War, and who are honorably
discharged therefrom, and who were bona
fide legal residents of this state at the
time of entering such service, from the
payment of all dues, fees and charges
whatsoever, including fees for corres-
pondence courses; provided, however, that
the foregoing exemption shall not be con-
strued to apply to deposits, such as
library, or laboratory deposits, which may
be required in the nature of a security
for the return of or proper care of pro-
perty loaned for the use of students,
nor to any fees or charges for lodging,
board or clothing. The governing boards
of said institutions may and It shall be
their duty to require every applicant
claiming the benefit of the above exemption
to submit satisfactory evidence that the
applicant is a citizen of Texas and was a
bona fide legal resident of Texas at the
time of entering such service and is other-
wise entitled to said exemption.
II
. . .
“Sec. 5. All of the foregoing pro-
visions, conditions and benefits herein-
above in this ArticlGrovlded for in
Section 1 shall aptly and accrue to the
benefit of men and women of the armed forces
of the United States of America during the
present national emergency. As used
herein the term 'present national emergency'
refers to the period of time beginning
June 27, 1950, and ending on such date as
shall be determined by Presidential Pro-
clamation or Concurrent Resolution of the
Congress for purposes of defining a 'basic
service period' under Public Law 550,
Eighty-second Congress, Second Session,
Chapter 875. Provided, that the provisions
of this Act shall not apply in the case of
persons whose fees and tuition are being
paid to the educational institution by the
Veterans AdmInIstration under Public Law
Honorable John S. Hovenga, page 3 (WW-1173)
16, Seventy-eighth Congress, as amended
Public Law 894, Eighty-first Congress,
Second Session, as amended, or Public
Law ,346,Seventy-eighth Congress,.as
amended, as promulgated by the Congress
of the United States; or to persons
whose fees and tuition are paid directly
to the veteran under Public Law 550,
Eight-second Congress, as promulgated
by the Congress of the United States;
nor shall this provision of this Act
apply In the case of persons dishono-
rably discharged from the service in
which they were engaged. And, pro-
vided further, that the benefits and
provisions of this Act shall also apply
and inure to the benefit of the children
of members of the armed forces of the
United States who were killed in action
or died while in such service." (Emphasis
added)
It is true that the residence requirements of
Section 1 apply to the war veterans themselves. However,
the underscored provisions of Section 5 incorporate the
conditions and requirements of Section 1.
The exemptions of Section 1 and 5 of Article
2654b-1 apply only to those veterans who are citizens of
Texas, or who have resided in this state for a period of
not less than twelve (12) months prior to their registra-
tion in the state institution. These requirements force
us to the conclusion that the legislature intended the
exemption only for residents of this state since a veteran
who was a Texas resident at the time of his military service
would not be entitled to the exemptions unless he complied
with the above discussed residence requirements.
Since the veterans themselves must be residents
of Texas at the time of their registration, we are of the
opinion that the legislature meant for all persons exempt to
be residents. Therefore, children of the deceased veterans
also must satisfy the residence requirements of Article
2654b-1. David S. Sanson, therefore, would not be eligible
for the exemptions.
SUMMARY
A child of a veteran who lost his
life in World War II is not entitled
Honorable John S. Hovenga, page 4 (WW-1173)
to the exemption of Article 2654b-1 of
Vernon's Civil Statutes If,the child
was not a citizen of Texas or had not
resided in Texas for twelve (12) months
or more prior to the date of his regis-
tration.
Yours very truiy,
WILL WILSON
Attorney General of,,Texas
FDW:zt :lgh
Fred D. Ward
Assistant
APPROVED:
OPINION COM?UTTEE
!A;.
V. Geppert, Chairman'
W. 0. Shuftz,,II,
Iola B. Wilcox
Gordon Zuber
J. Xilton Richardson
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.