r . 

THEATTORNEY GENERAL 

OFTEXAS 

AUSTIN II.TEXAS 

April 26, 1961 ' 

Honorable Tom Blackwell OpinionNo. WW-1042 

County Attarney 

Travis County Re:~ Whether a minor who has not 

Austin, Texas been domiciled in Texas for 

a period of one year may be 

admitted to a special school 

operated by the Board for 

Texas State Hospitals and 

Special Schools upon application of his guardian who 

has resided and been domiciled in Texas for more 

Dear Mr. Blackwell: than a year? 

You have requested an opinion as to whether a minor 

who has not been domiciled in Texas for a period of one year 

may be admitted to a special school operated by the, Board for 

Texas State Hospitals and Special SchooWupon application 

of his guardian who has resided and been domiciled,in~Texas 

for more than a year. 

Under Article 3871b, Vernon's Civil Statutes, admission of a mentally retarded person to a special school 

operated by the Board for Texas State Hospitals and Special 

Schools is effected by an application for the admissionof 

such person "to the Jurisdictionof the Board." Relevant 

portions of Article 3871b are as follows: 

"Section 1.~ This ,Act may be referred to 

as 'The Mentally Retarded Persons Act.' 

"Sec. 2. It is the purpose of this Act 

to afford mentally retarded Texas oltizens an 

opportunity to develop to the fullest practicable extent the,ir respective mental capacities. 

" Sec. 3. As used in this Act: 

“(1) 'Mentally retarded person' means any 

person, other than a mentally ill person, so 

mentally deficient from any cause as to require 
Honorable Tom Blackwell, Page 2. (WW-1042) 

special training, education, supervision, treatment, care or control for his own or the community's welfare. 

"(2) 'Texas citizen' means a person who 

has resided in this State for at least twelve 

months next preceding the date on which determination is made of whether he is a Texas citizen, or a minor whose parent or guardian has 

been domiciled in Texas for a like period. 

"(3) 'Board' means the Board for Texas 

State Hospitals and Special Schools. 

1, . . . 

"Sec. 4. Mentally retarded persons shall 

be admitted to the Jurisdiction of the Board b$ 

the procedures prescribed in this Act. . . . 

Section 4 of this Article purports to make admission 

to the Jurisdiction of the Board available to any mentally retarded person, as defined in Section 3, Subsection (1). Section 2 raises a question as to whether such admission is 

limited to a sub-class of mentally retarded persons, namely, 

mentally retarded Texas citizens, as Texas citizenship is defined in Section 3, Subsection (2). We need not undertake 

to answer that question, since the minor in the present case 

is both a Texas citizen, as defined in Subsection (2) of Section 3, and a mentally retarded person as mentioned in Section 4, and so in any ever&is eligible for admission to the 

jurisdiction of the Board upon the proper finding of mental 

retardation. 

S U M~,M A R Y 

A minor who has not been domiciled 

in Texas for a period of one year 

may be admitted to a special school 

operated by the Board for Texas State 

Hospitals and Special Schools upon 

application of his guardian who has 

resided and been domiciled in Texas for 

more than a year. 

LH:hmc:zt 

Very truly yours, 
- . 

Honorable Tom Blackwell, Page 3. (VW-1042) 

APPROVED: 

OPINION COMMITTEE 

W. V.dSppert, Chairman 

Glenn Brown 

Houghton Brownlee, Jr. 

John Leonarz 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Morgan Nesbitt