The Honorable Dr. J. W. Edgar OpinionNo. H- 301
Commissioner of Education
Texas Education Agency Re: Construction of Senate
201 E. Eleventh Street Bill 123 (63rd Leg.)
Austin, Texas 78701 with provisions of the
Texas Education Code.
Dear Dr. Edgar:
Your inquiry has to do with the effect of Article 5923b, V. T. C. S.,
three-called Eighteen Year Old Law, upon various provisions of the
Education Code.
Article 5923b, in part, provides:
“Section 1. The purpose of this Act is to extend all
the rights, privileges, and dbligations of majority to all
persons who are at least 18 years of age. It shall be
construed liberally to accomplish that purpose.
“Sec. 2. Notwithstanding any statutory or decisional ~~
law, or any rule, regulation, or ordinance of this state
or of any political subdivision or incorporated city or town
of this state, a person who ir at least 18 years of age has
all the rights, privileges, and obligations of a person who
is 21 years of age. A law, rule, regulation, or ordinance
which extends a right, privilege, or obligation to a person
on the basis of a minimum age of 21, 20, or 19 year8
shall be interpreted as prescribing a minimum age of 18
years.
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Your first question asks:
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The Honorable Dr. J. W. Edgar, page 2 (H-301)
“Doea an 18-year-old per se have the right to
establish a residence, at any time, for public free
school attendance purposes in a Texas school dis-
trict wherein his parents do not reside? I’
In Attorney General Opinions H-82, 83. 84 and 85 (1973)‘ we discussed
at some length and with reference to a variety of situations, the effect of
Article 5923b. We concluded in Opinion H-82 that the effect of the
statute was the removal of the diaabilitier of minority of those 18 years
of age or older. It did not amend all statutes in which the age 21 appeared.
Rather, it extended to those younger than 21 the “rights, privileges and
obligations” of those who theretofore had achieved majority by reaching
the age of 21,
Section 21.031(b) and (c) of the Texas Education Code, V. T. C.S.,
provides:
‘l(b) Every child in this state over the age
of six years and not over the age of 21 years on
the first day of September of the year in which
admission is sought rhall be permitted to attend
the public free schools of the district in which he
resides or in which his parent, guardian, or the
person having lawful control of him resides at
the time he applies for admission notwithstanding
the fact that he may have been enumerated in the
scholastic census of a different dirtrict or may
have attended school elsewhere for a part of the
year.
‘l(c) The board of trustees of any public free
school district of this state shall admit into the
public free schools of the district free of tuition
all persons over six and not over 21 year. of age
at the beginning of the scholastic year if such per-
son or his parent, guardian or person having law-
ful control reside6 within the school district. ”
Citing a line of Attorney General Opinions we concluded in Attorney
General Opinion H-63 (1973) that even as to a minor, hir residence for the
purpose of determining eligibility for free public education under Sec. 21.031
of the Texas Education Code, if not that of his parents, would depend upon
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The Honorable Dr. J. W. Edgar, page 3 (H-301)
whether remidence was bona fide or was merely an ortensible residence
for the purpose of attending a different school. We said there that each
indance would have to be determined upon an examination of the detailed
facta and that, in -.each instance, the school official charged with the
rellponsibility for this decision would have tn weigh’: all facts and conclude
that the residence bither was a bona fide residence or was one which was
~ merely ostensible. Normally, residence is a matter of volition or inten-
-’tion and doea not normally depend upon the length of time. See Attorney
General Opinion H-156 (1973). It in our opinion therefore, that an 18
year old may establish his own residence in tbe same manner and with
the same legal result as could any other. adult.
Your second qua&ion asks whether an 18 year old, while enrolled as
a student in a Texas public school district, may legally qualify and serve
as a member of the Board of Trustees of the district when duly elected
or appointed thereto. We had this precise question before us in Attorney
General Opinion H-84 (1973). In that opinion we pointed out that, regard-
less of Article 5923b. V. T. C.S., an individual who is 18 years of age and
in compliance with all other provisions of Article 5.08 of the Election
Code, V. T.C.S., is eligible to be a candidate for the office of Trustee of
an independent school district.
We do not see any incompatibility in the fact that the student, if elected
to the Board of Trustees, may be fin the position of formulating policy by
which he would be controlled as a student. We considered a rather similar
situation in our Letter Advisory No. 13 (1973) where we held that there
was not necessarily a disqualifying conflict of interests behveen the status
of a person as a tenant and hicl being appointed commissioner of a ‘public
housing authority.
SUMMARY
A person at least 18 years of age may determine
his own residence in the same manner and i&h the
mrne legal result as could any other adult.
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The Honorable Dr. J. W. Edgar, page 4 (H-301)
A person enrolled as a rtudent in a public rchool,
who im 18 yearr of age or older, may legally qualify
and oerve ai a ‘member of a Board of Trurteee of the
dirtrict if otherwire qualified.
Very truly youre,
R2LG
JOHN L: HILL
Attorney General of Texan
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APPRWD:
DAVID M. KENDALL, Chairman
Opinion Committee
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