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 exemptionat Texas A. k~M.:College
Bear Slrr"* under the Saots submitted,.
You have requestedan opinion conoerm the elIglbIlItyof a ward of Waco,StateHome who recently gpaduatedfrom the Rosebud High School for tnition ex-~ eiuptlon

at Texas A. & Mi College. We quote.the Solloving facts concerningthe ward from your requestr~,

"This young I& had been 'commltted to the Waco State Home as a dependentand 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 boardinghomes; ~Artlcle 3259 states that thechIldren so ljlaoe,d shall be deemed to have the same status as. other Inmates of said Waao State.Homeand shall contlnue to be wards and subjeot to the guardIanshIpof said Superintendent. ‘$he. Superintendent

Is glven the authorityby tM.8 article to remove the childrenfrom the boardlng home.' Article 2654S, V.C.S., provide81 'The governingboards OS the Instltutlons of collegiaterank operating In whole or in part by pub110 funds appropriatedfrom the treasury are hereby authorleed,anddlrected to exempt all oitlzens of Texas who at the time of their entry into a State educational Institutionof collegiaterank are,Holl. Howard E. Smlth,M.D., page 2 (~-1118)

hluh school araduates of the State Orphan-
&aes whatsoever.' a es from the.paymentof all dues, Sees and lncludinn-Sees

for correspondencecoursei;proviaez,however, that the foregoingexqmptlon shall not be construed to apply to deposits, such as library, or laboratorydeposits,which may be required in the nature OS a securityfor 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 governingboards of said institutions may and it shall be their duty to requlrd every applicantclaimingthe benefit+ OS the above,exemption to submit satisS&ctorgevidence that the applicant is a kltlzen OS Texas and is otherwiseentitled to said exemption.' (Emphasis added.)
It 1s the interpretation OS the Board for State HoSpltalsand Special Schools that the provlskohsof'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,2654Ssince he Is a graduate 'of Rdseb? High Sohoo& ' Article 3259, VICiS.;'aitiended by House Bill 923,Act+ 47th Leg,., part: $941, ch. 369, p. 601, provides in

"Sec. 1. Childrezi commltkidto the Uaco Skate Home may be placed by the superintendent,,

upon.theapproval of the State Board bf Control and under the authority of an order 'tothat effect issued by the Court which consultted

such child to stichlnstltntlon, lx~chlldred~s beding hames at a reasonable rate tiot

to ekeeed One Dollar ($1) per day for each'child80 boardedwhen ln the judgment~bf such superintendenteffeotlve .adm%nl#tratLop of said Waco State Hixne so requires;provided that,sdchchlldren'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~rmrules and regulatlons.as the State BoarQ oS'Publ3.c Welfare may prescribe for all c~ldreti's, boardinghomes in aocordanoe with then

laws,.of

this State'as same now exist 'ormay hereafter.be'-enacted. Ro abild. .

Hon. Howard E'. Smith', M.D.,,jpa&e

3 (~-1118)

shall be placed in s&h childrentsboarding 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.WacoState Hb- ome and.s Jeot to the qardlanshlp OS said superltitendent.
. . ." (Emphasis added.) 1~ 2 Sikherland,StatutoryConstruction (3rd Ed. 1943: 531, it is stated:

I Prior statutesrelatlng'tothe same sibjeitmatter are to be comparedwith the new provision;and if possibleby 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 construedin connection wlth'titi& 3259, which requires childrenplaced 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 guardianshipof said superlntendent."

w*, The emergent R.S. 1949, ch. 5 4, p. 1054 (Art. 2654s

f clause OS House Bill 735, 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 aoqulrlnga college educatloti,

should be encouragedin their admirable ambition by exemptingthem from tultlon, creates an emergency . . ..* The above quoted provision shows that It was the Intentlou of the Legislaturenot 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 constructionof Article 2654s gives meaning to both Articles 3259 and 2654s.

You are thereforeadvised that under the facts submlttbdthe 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 'boardinghome* (Art:3259, V.C.S.) Is exempt from tuition fees at a State.educatlonal institutionof collegiate rank under Article 2654f, V.C.S. APPROVED: ,'. J. C. DavlG, Jr. CountyAffairs Dlvlsion Evtirett

Hutchlason ExecutiveAssIstant Yours very truly,
PRICE DARIEL Attorneyqeneral

Charles D. Mathews First Assistant JRijmmaw Assistant