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Untitled Texas Attorney General Opinion

Court: Texas Attorney General Reports
Date filed: 1963-07-02
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 Honorable W. W. Heath            Opinion No. c-183
 Chairman, Board of Regents
'The University of Texas.         Re:   Tuition fees to be collected
 Perry-Brooks Building                  by the University of Texas
 Austin, Texas                          under Section l(h) of Article
                                        26%~ of Vernon's Civil Stat-
Dear Mr. Heath:                         utes under the facts stated.
          Your reque~stfor opinion on the above subject matter
indicates that numerous nonresident military personnel stationed
in Texas are desirous of obtaining the resident status for tui-
tion fees pursuant to'Section l(h) of Article 26%~ of Vernon's
Civil Statutes. Subsection (h) states as follows:
          "Officers. enlisted men and women, selectees
     or draftees of the Army, Army Reserve, National
     Guard, Air Force, Air Force Reserve, Navy, Navy
     Reserve, or E?arineCorps of the United States, who
     are stationed in Texas bv assignment to dutv wimp
     the borders of.;&: state. shall be Dermitted to
     resister themseAs., their husband or wife as the
     case may be, arj their,ch<.ldren,in state institu-
     tions of,higher learning hi paying the regular tui-
     tion fees and other fees or charges provided for
     regular residents of the State of Texas, without
     regard to th.eJ'Jngthof time such officers, enlisted
     men orwomeq, srtlecteescr draftees have been sta-
     tioned on actiivedUtym,,hd.thin
                                  the state." (Emphasis
     added).
          The departmental construction applied by The University
to recurring fact situations is outlined in your letter as fol-
lows :
          "In'construing the phrase 'by assignment to
     duty within the borders of this state,' it has been
     the administrative interpretation of long standing
     at The,University of Texas that nonresident military
     personnel in order to qualify for the resident tui-
     tion rate must be assigned to a duty station within
     the borders of this state, actively engaged in mili-
     tary duties as contrasted to student assignment and

                              -%87-
Hon. W. W. Heath, page 2   (c-183)


    attending school during their off-duty hours
    or during their normal annual accrued leave,
    rather than in an 'excess leave' status. Such
    administrative interpretation has been applied
    according to the following three factual situa-
    tions:
         "1. Nonresident students whose permanent
    military assignment is to a Student Detachment
    at Fort Sam Houston, Texas, and whose duty sta-
    tion is at The University of Texas in Austin.
    These students are attending school full time
    with same being charged to future leave (in ef-
    fect in an 'excess leave' category). Such stud-
    ents receive no pay or allowances and pay their
    own fees, etc. They are required, however, to
    report to Fort Sam Houston during any period in
    excess of three days when the University is not
    in session and receive pay for military duties
    performed during such period. These students
    are classified as nonresidents for tuition pur-
    poses, for the reason that they are not con-
    sidered to be assigned to military duty while
    attending the University full time.
          "2. Military personnel who are assigned
     temporarily to a duty station in Texas for the
     purpose of playing in a sporting event or par-
     ticipating in some other special service of
     short duration and who enroll their dependents.
     in the University and pay full~tuition fees with-
     out government assistance are classified as non-
     residents for tuition purposes, for the reason of
     thentransient nature of their assignment in Texas.
     On the other hand, personnel who are assigned to
     an Officers Candidate School for period of seven-
     teen weeks' duration, even though on TDY orders,
     have been classified as residents for tuition
     purposes. The length of time  and purpose of their
     duty is considered in making such a determination.
          "3. Non resident students attending The Uni-
     verslty of Texas during their normal