Honorable J. S. Murchison, Executive Director
State Department-of Public Welfare.
Austin, Texas
Dear Mr. Mnrchison:, Opinion No. O-4264-A
Re: Interpretation of residence in
determining eligibility.for aid
to’dependent Children.
‘,
. Your. letter of request for an opinion from this department is as
follows:
*We would like to submit for your further consideration and
opinion the following facts ‘in relation to the interpretation of the
r.esidence requirement for aid to dependent children.
‘Article III. Section Sld, of the Constitution, provides in part:
: Y‘. . . . The Legislature may .impose residential restric-
tions and such other restrictions, limitations, and regulations
as to it may seem expedient.’
*House Bill 61,l. Section~ll. provides~ in part: ‘. ., . “De-
pendent Chid” is any’individual:
“‘(2) Who has resided in this State .for a period of at least
one (1) year immediately preceding the date of the application for
assistance; or .was born within the State one (1) year immediately
preceding the date of application, and whose mother has resided in
the State for a period~of at least one (1) year immediately preced-
ing the birth of such child; and . . .‘~’
“The Department has heretofore submitted a request for an
opini~on interpreting the residence requirements for old age assist-
ance, aid to the blind and aid to dependent children, and the opmion,
No. O-4264, appeared to be based on the constitutional requirement of
‘actual’ residence.
. -
Honorable J. S. Murchison. Page 2; O-4264-A
“The constitutional amendment providing for old age assist-
and and aid to the blind did require ‘actual’ residence; however, the
constitutional amendment providing for aid to dependent children
gives the Legislature the right or authority to make whatever rules
and regulations that that body may deem expedient.
“(1) Does ‘actual’ residence as defined and interpreted in
Opinion No. O-4264 relate to aid to dependent children?
“(2) If the first question is answered in the negative, then
what character of residence is required of children in order to
qualify for aid to dependent children ?
“(3) If the first question is answered in the negative, then
does the residence of a child follow that of its parents; if the par-
ents are separated, does it follow the residence of the parent with
whom the child lives; if both parents are decease,d, how is the resi-
deuce of the child determined ?”
Opinion No. O-4264, to which you refer, was wtitteu as applying
to Sections 5ld and Sic of Article III of the Constitution. in e.ach of which
Sections, relating respectively to old age assistance and assistance to the
needy blind, the requirement of “actual bona fide citizens of Texas” occurs.
Emphasis was laid upon the word “actual”. Section 51d, from which you
quote, contains no such q.ualification of residence as to assistauce to desti-
tute children, but on the contrary provides “the Legislature may impose
residential restrictions, and such other restrictions, limitations, and regu-
lations as to it :&my seem expedient.”
With respect to dependent children, the Legislature has provided
in Section 17 of H. B. No. 611 of the Regular Sess.ion, 47th Legislature,
that:
.
‘A id to dependent children shall’ be given under the provisions
of this Act with respect to any dependent child.. ‘Dependent Child’
-_
is any individual: :,
“(1) Who is a citizen of the Dnf@d,:States: Pad
“(2) Who has resided in this State fork a period of at least
one (1) year ~immediately preceding the date of the application for
Honorable J. S. Murchisbn, Page ‘3, O-4264-A
ass.istance; or was born within the State one (1) year immedi-
ately preceding the date, of application, and whose mother has
resided in the State for a period of at least one (1) year immedi-
ately preceding the birth of such child; and
“(3) Who is under the age of fourteen (14) years; and
“(4) Who has been deprived of parental.support or care by
reason of the death, continued absence from the home, or physi-
cal or mental incapacity of a parent; and
‘(5) Who is livirig with his father, mother, grandfather,
grandmother, brother, sister, stepfather, stepmother, stepbro-
ther, stepsister, uncle, or aunt, in a place of residence main-
tained by one or more of such relatives as his or their own home;
and
“(6) Who has not sufficient income or other resources to
provide a reasonable subsistence compatible with decency and
health.”
It will be seen the Legislature has not qualified the residence of
such child in the manner adopted in the Constitution with respect to old
age and the needy blind.
Sections 18 and 19 of H. B. No. 611 both refer to the residence,
qualifications, and,the latter is especially indicative of a more liberal
rule of construction than that pertaining to Sections 51b and Sic of the
Constitution, providing as it does:
“When the investigation discloses that a child in whose be-
half application for assistance has been made is a needy depe.nd-
ent child as defined in this Act, and that such child is living or
will live, with one or more of the relatives prescribx in thisAct,
assistance may be allowed for the support of such’child if other
provisions of this Act are complied with.” (Emphasis our’s)
Your questions are therefore answered as follows:
(1) For the reason first given above, your first question is answered
No.
Honorable J. S. Murchison,.Page 4,: O-4264-A
(2) In the light of the Constitution (Section 51d) and the stat-
ute above quoted applying to dependent childten, a liberal rule of con-
struction as to residential qualifications should be adopted. This is in
keeping with the general purpose of the law, and does no violence to any
other provision whatsoever.
(3) Ordinarily, the residence of a child follows that of its par-
ents, and if the parents are separated, the residence follows that of the
parent with whom the child lives. If both parents are deceased, the resi-
dence of the child is determined by the residence of the person with whom
it lives.
Very truly yours
ATTORNE~Y GENERAL OF TEXAS
BY
.&+
Ocie Speer
Assistant
OS-Am
PROVED APR 6, 1945
kg*
ATTORNEY GENERAL OF TEXAS APPROVED
OPINION
COM TTEE
B.Y&
Chairman