Mr. W. R. Banks, Principal
Prairie View University
Prairie View, Texas
Attention: Mr. T. R. Solomon
Dear Sir: Opinion No. O-7316
Re: Exemption from tuition
fee of World War II
Veterans attending State
supported institutions of
higher learning, related
question.
We acknowledge yo’ur letter dated July 1.8, 1946,
wherein you request an opinion of this department on
.the following quoted questions:
"(1) May an honorably discharged veteran
of World War II, with less than ninety days
service (the time necessary to participate in
the educational provisions of the 0. I. Bill,
Public Law 346) be allowed under any existing
state law to attend a state supported institu-
tion of higher learning without paying tuition?
"(2) May a veteran of World War II, honor-
ably discharged, eligible to secure training
under the 0. I. Bill, Public Law 346, b,ut
desires to save his eligibility for some future
time at a professional or grad,uateschool, be
exempt from tuition in a state supported insti-
tution of higher learning ,underany existing
state law? In this case the veteran does not
want the institution to bill the Veterans
Administration for tuition In his behalf. He
desires to save this for future use at some
other Institution where the tuitson is higher,
his expenses greater, and his studies spread
over a long period of time."
Mr. W, R. Banks, Page 2
Acts 1933, 43rd Legislature, First Called Ses-
sion, page 10, Chapter 6, concerning the exemption of
war veterans from payment of tuition fees in State sup-
ported educational institutions of higher learning,
recorded as Article 265&b-1 in V.A.C.S., as amended by
Acts 1943, 48th Legislature, page 568, Chapter 337,
adding Section 3 and as amended by Acts 1945, 49th Legis-
lature, page 552, Chapter 338, adding Section 4, reads in
part as follows:
"Sec. 1. The governing boards of the
several institutions of collegiate rank, sup-
ported 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) 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, from the payment of all dues, fees
and charges whatsoever, including fees for
correspondence 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 property loaned for the use
of students, nor to any fees or charges for
lodging, board or clothing. The governing
boards of said instit,utionsmay and it shall
be their duty to require every applicant claim-
ing the benefit of the above exemption to sub-
mit satisfactory evidence that the applicant
is a citizen of Texas and is otherwise entitled
to said exemption. D D a'
"Sec. 3. All of the above and foregoing
provisions, conditions and benefits hereinabove
in this Article provided for in Section 1 and
in Section 2 shall apply and accrue to the
Mr. W. R. Banks, Page 3
benefit of all nurses, members of the Women's
Army Auxiliary Corps, Women's Auxiliary
Volunteer Emergency Service, and all members
of the United States armed forces, regardless
of whether members of the United States Army
or of the United States Navy,or the United
States Coast Guard, who have, or are now
serving, or who may after the passage of this
Act, serve in the armed forces of the United
States ofAmerica during the present World War
Number II, being the war now being prosecuted,
and which was~.enteredinto on or shortly after
December 7, 1941, by the United States of
America against what are commonly known as
the Axis Powers; provided, further, that all
the above and foregoing persons named have been
honorably discharged from the services In which
they were engaged. And, provided further,
that the benefits and provisions of this Act
shall also apply and inure to the benefit of
the children of members of the United States
Armed Forces, where such members were killed
in action or died while In the service. The
provisions of this Act shall not apply to or
Include any member of such United States Armed
Forces, or other persons hereinabove named,
who were discharged from the service in which
they were engaged because of being over the age
of thirty-eight (38) years or because of a
personal request on the part of such,,personto
be discharged from such service. . .
'Sea. 4. The exemption from the payment
of dues, fees, and charges as provided herein-
above in Section 1 and Section 3 of this Arti-
cle shall not apply to or include honorably
discharged members of such United States Armed
Forces, or other persons hereinabove named,
who are eligible for education or training
benefits provided by the United States Govern-
ment under Public Law No. 16, 78th Congress,
or amendments thereto, or under Public Law
No. 346, 78th Congress, or amendments thereto,
Mr. W. R. Banks, Page 4
or under any other Federal legislation that
may be in force at the time of reglstratlon
in the college concErned of such ex-service
man or woman. . . .
Acts 1927, 40th Legislature, page 351, Chapter
237, Section 3, recorded as Article 2654a in V.A.C.S.,
reads in part as follows:
"Section 3. The word 'State educational
Institution' as used in this Act includes
the following and any branch thereof: The
University of Texas; The Agricultural and
Mechanical College of Texas; 0 D . The
Prairie View State Normal and Industrial
College, . . On
The name of Prairie View State Normal and Industrial Col-
lege for colored teachers at Prairie View, was changed to
Prairie View University by Acts 1945, 49th Legislature,
page 506, Chapter 308; Article 2643a, Section 1, V.A.C.S.
Public Law No. 1.6, 78th Congress, as amended
and recorded in 38 U.S.C.A., Chapter 12, Part VII--
Vocational Rehabilitation--provides in part as follows:
'Any person who served in the active
military or naval service at any time on or
after September 16, 1940, and prior to the
termination of the present war, who is honor- :
ably discharged therefrom, and who has a dls-
ability incurred in or aggravated by such ser-
vice for which pension is payable under laws
administered by the Veterans Administration,
or would be but for receipt of retirement
pay, and is in need of vocational rehablllta-
tion to overcome the handicap of such dls-
ability, shall be entitled to such vocational
rehabilitation as may be pr,escribedby the
Administrator of Veteran's Affairs to fit him
for employment consistent with the degree of
disablement: Provided, that no course of
training in excess of a period of four years
Mr. W. R. Banks, Page 5
shall be approved nor shall any training
under this part be afforded beyond six years
after the termination of the present war. D D 0"
Public Law No. 346, 78th Congress, as amended
and recorded in 38 U.S.C.A., Chapter 12, Part VIII--Educa-
tion of Veterans--provides in part as follows:
nAny person who served in the active
military or naval service on or after Septem-
ber 16, 1940, and prior to,the termination of
the present war, and who shall have been dis-
charged or released therefrom under conditions
other than dishonorable, and whose education
or trainingwas impeded, delayed, interrupted,
or interfered with by reason of his entrance
into the service. or who d.esiresa refresher
or retraining co&se, and who either shall
have served ninety days or more, exclusive of
any period he was assigned for 'a course of
education or training under the Army specialized
training program or the Navy college training
program, which course was a continuation of
his civilian course and was pursued to comple-
tion, or as a cadet or midshipman at one of
the service academies, or shall have been
discharged or released from active service by
reason of an actual service-incurred injury
or disability; shall be eligible for and
entitled to receive education or training
under this part; . . ." (Bmphaaia added)
By express provisions of Public Law No. 346, as
amended, only those veterans of World War II 'who shall
have served ninety days or more, exclusive of~any period
he was assigned for a,course of education or training under
the Army Specialized !PrainlngProgram or the Navy College
Training Program, which'course nas a continuation of his
civilian course and was purs,uedto completion, or as a
cadet or midshipman at one of the service acadamies, or
shall have been discharged or released from active ser-
vice by reason of actual service-incurred injury or dis-
ability, shall be eligible for and .enl$tledto receive
,educationor training under this part . By virtue of the
Mr. W. R, Banks, Page 6
terms of this Federal Act only those veterans of World
War II who have served at least ninety days or who were
discharged before having served ninety days by reason of
actual service-incurred injury or disability are entitled
to the educational benefits provided therein.
State legislation hereina~bovequoted which con-
fers educational benefits on veterans of World War II makes
no requirement as to term of service the veterans must
have served in the armed forces before he shall be en-
titled to the benefits conferred upon him therein. Article
2654b-1 as amended, states in substance that the benefits
provided therein shall apply and accrue to all members of
the United States Armed Forces provided that said persons
have been honorably discharged from the service and were.
not discharged because of being over the age of 38 years
or because of a personal request on the part of such per-
son to be discharged from such service.
Our answer, therefore, to your first question
is that honorably discharged veterans of World War II,
with less than ninety days service, the time necessary
to participate In the educational benefits of Public Law
No. 346, may under provisions of Article 265413-l,as
amended, attend a State supported institution of higher
learning ,without payment of tuition provided he was not
discharged from the service because of being over the age
of 38 years or because of a pe'rsonalrequest on the part
of such person to be discharged from such service, other
qualifications of the statute having been met.
By express provisions of Section 4 of Article
2654b-1, V.A.C.S., above quoted, the provided exemption
from payment of tuition fee "shall not apply to or include
honorably discharged members of such United States Armed
Forces D D . who are eligible for education or training
benefits provided by the United States Government under
Public Law No. 16, 78th Congress, or amendments thereto,
or under Public Law No. 346, 78th Congress, or amendments
thereto, or any other Federal legislation that may be
enforced at the time of registration in the college con-
cerned of such ex-service man or woman".
Our answer, therefore, to your second question
is that a veteran of World War II, honorably discharged,
eligible to secure training under Public Law No. 346, 78th
Congress, as amended, is not entitled to the benefits
. .
Mr. W. R. Banks, Page 7
conferred on veteran's of World War II under the State
statute, Article 2654b-1, V.A.C.S., as amended, and is
not exempt from payment of tuition in a state supported
institution of higher learning under any existing State
law.
Trusting the abov,esatisfactorily answers your
inquiries, we remain
Very truly yours
ATTORNEY GENERAL OF TEXAS
By /s/ Chester E. Ollison
APPROVED AUG 9, 1946
Ch,esterE. Ollison
/s/ Carlos Ashley Assistant
FIRST ASSISTANT
ATTORNEY GENERAL
CEO-bw:am
APPROVED
OPINION
COMMITTEE
By /s/ B.W.B.
Chairman