November 14, 1950 

Hon. Howard E. Smith, M.D. 

Acting ~Xxecutiys Mrector 

Board for Texas State Hospitals 

and Speciiil Schools 

Austin, Texas 0p1nI0n,F50. V-1118 

Re: l$lIgIbfllty M'a ward 

of Uako State Home for 

tuition exemption at 

Texas A. k~M.:College 

Bear Slrr"* 

under the Saots submitted,. 

You have requested an opinion conoerm the 

elIglbIlIty of a ward of Waco,State Home who recently 

gpaduated from the Rosebud High School for tnition ex-~ 

eiuptlon at Texas A. & Mi College. We quote.the Solloving 

facts concerning the ward from your requestr ~, 

"This young I& had been 'commltted to 

the Waco State Home as a dependent and neglected child and has been In a boarding harae 

at Rosebud Until September ~1, ~1950. Artlole 

3259 (V.C.Si)allows the SUperInttindent of 

the Wabo State Home to place cblldreti who are 

Inmates'of' the Home In boarding homes; ~Artlcle 3259 states that thechIldren so ljlaoe,d 

shall be deemed to have the same status as. 

other Inmates of said Waao State.Home and 

shall contlnue to be wards and subjeot to 

the guardIanshIp of said Superintendent. ‘$he. 

Superintendent Is glven the authority by tM.8 

article to remove the children from the boardlng home.' 

Article 2654S, V.C.S., provide81 

'The governing boards OS the Instltutlons of collegiate rank operating In whole 

or in part by pub110 funds appropriated from 

the treasury are hereby authorleed,and dlrected to exempt all oitlzens of Texas who at 

the time of their entry into a State educational Institution of collegiate rank are 
,Holl. Howard E. Smlth, M.D., page 2 (~-1118) 

hluh school araduates of the State Orphan- 

&aes whatsoever.' 

a es from the.payment of all dues, Sees and 

lncludinn-Sees for correspondence coursei; proviaez, however, that 

the foregoing exqmptlon shall not be construed to apply to deposits, such as library, 

or laboratory deposits, which may be required 

in the nature OS a security for the return OS 

or proper care of propertg.ibsned for the use 

OS stucleilts, nor to Sees or charges for lodglng:.board or clothing. The governing boards 

of said institutions may and it shall be their 

duty to requlrd every applicant claiming the 

benefit+ OS the above,exemption to submit satisS&ctorg evidence that the applicant is a 

kltlzen OS Texas and is otherwise entitled to 

said exemption.' (Emphasis added.) 

It 1s the interpretation OS the Board for State 

HoSpltals and Special Schools that the provlskohs of'Artlcle 2654S,.above quoted, .qempt the ward ln qtiestlon from 

the payment OS tultltin,fees , ,whl.l8'the Registrar of A. & 

M. Odll'ege ~l@+is fha't the ward is rioi? covered'by Artlcle,2654S since he Is a graduate 'of Rdseb? High Sohoo& ' 

Article 3259, VICiS.;'ai tiended by House Bill 

923, Act+ 47th Leg,., 

part: 

$941, ch. 369, p. 601, provides in 

"Sec. 1. Childrezi commltkid to the 

Uaco Skate Home may be placed by the superintendent,, upon.the approval of the State 

Board bf Control and under the authority of 

an order 'to that effect issued by the Court 

which consultted such child to stich lnstltntlon, lx~chlldred~s beding hames at a reasonable rate tiot to ekeeed One Dollar ($1) 

per day for each'child 80 boarded when ln 

the judgment ~bf such superintendent effeotlve .adm%nl#tratLop of said Waco State Hixne 

so requires; provided that,sdch chlldren's. 

boarding homes shall obtain an annual lleense as required by.law, which lloense shall 

lm issued wlthout See, and under such reasonable and.unlS~rm rules and regulatlons.as the 

State BoarQ oS'Publ3.c Welfare may prescribe 

for all c~ldreti's, boarding homes in aocordanoe with then laws,.of this State'as same now 

exist 'or may hereafter .be'-enacted. Ro abild 
. . 

Hon. Howard E'. Smith', M.D.,,jpa&e 3 (~-1118) 

shall be placed in s&h childrents boarding home &less_lt 1s deemed advantageous 

to.the welfare of such~chlld; and children 

so placed Shall be deemed to have the same 

status a$ pther~lnmates of sald.Waco State 

Hb- ome and.s 

Jeot to the qardlanshlp OS said superltitendent. . . ." (Emphasis added.) 

1~ 2 Sikherland, Statutory Construction (3rd 

Ed. 1943: 531, it is stated: 

I Prior statutes relatlng'to the 

same sibjeit matter are to be compared with 

the new provision; and if possible by reasonable constz%ctlon, both are to be so 

constrfled that effect Is given to every~prq-, 

~sl.on of each. . . .V 

In view of the Soregolng, the provlsio&i OS Article 2654s must be construed in connection wlth'titi& 

3259, which requires children placed ln boarding homes by 

the Waco State Home "to have the same statue as other lnmates of said Waco State Home and shall continue to be 

wards and subject to the guardianship of said superlntendent." 

w*, 

The emergent 

R.S. 1949, ch. 5 f 4, p. 1054 (Art. 2654s 

clause OS House Bill 

7 

35, Acts 51st 

provides: 

%ec. 3. Whereas, a number of the cblldren who have been in the various State Orphanages and have graduated from high school 

and are now desirous of aoqulrlng a college 

educatloti, should be encouraged in their admirable ambition by exempting them from tultlon, creates an emergency . . ..* 

The above quoted provision shows that It was the 

Intentlou of the Legislature not to limit Article 2654s to 

graduates of State Orphanages ' high schools but to make it 

apply to all high sohool graduates of State Orphanages 

whether such graduates attend high school at the orphanages 

or at another hlgh school. Thl,s construction of Article 

2654s gives meaning to both Articles 3259 and 2654s. 

You are therefore advised that under the facts 

submlttbd the ward l.n question is exempt Sroiu the payment 

OS tultlon Sees at Texas A. & M. College. 
Hon. Rqward E, Smith, M.D., page 4 (v-1118) 

A vard of a State orphanage who graduates from a public high school wtile in a 

'boarding home* (Art:3259, V.C.S.) Is exempt from tuition fees at a State.educatlonal institution of collegiate rank under 

Article 2654f, V.C.S. 

APPROVED: ,'. 

J. C. DavlG, Jr. 

County Affairs Dlvlsion 

Evtirett Hutchlason 

Executive AssIstant 

Yours very truly, 

PRICE DARIEL 

Attorney qeneral 

Charles D. Mathews 

First Assistant 

JRijmmaw 

Assistant