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 restrictions and such other restrictions, limitations, and regulations 

as to it may seem expedient.’ 

*House Bill 61,l. Section~ll. provides~ in part: ‘. ., . “Dependent 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 preceding the birth of such child; and . . .‘~’ 

“The Department has heretofore submitted a request for an 

opini~on interpreting the residence requirements for old age assistance, 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 assistand 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 parents are separated, does it follow the residence of the parent with 

whom the child lives; if both parents are decease,d, how is the resideuce 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 destitute children, but on the contrary provides “the Legislature may impose 

residential restrictions, and such other restrictions, limitations, and regulations 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 immediately preceding the date, of application, and whose mother has 

resided in the State for a period of at least one (1) year immediately 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 physical or mental incapacity of a parent; and 

‘(5) Who is livirig with his father, mother, grandfather, 

grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence maintained 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 behalf application for assistance has been made is a needy depe.ndent 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 statute above quoted applying to dependent childten, a liberal rule of construction 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 parents, and if the parents are separated, the residence follows that of the 

parent with whom the child lives. If both parents are deceased, the residence of the child is determined by the residence of the person with whom 

it lives. 

Very truly yours 

ATTORNE~Y GENERAL OF TEXAS 

OS-Am 

BY .&+ Ocie Speer 

Assistant 

PROVED APR 6, 1945 kg* 

ATTORNEY GENERAL OF TEXAS APPROVED 

OPINION 

COM TTEE 

B.Y& 

Chairman