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### THEATTORNEY GENERAL OFTEXAS
AUSTIN II.TEXAS

April 

### 26, 1961 '
Honorable Tom Blackwell OpinionNo. WW-1042 CountyAttarney Travis County Re:~ Whether a minorwho has not Austin, Texas been domiciled in Texas for a period of one year may be admitted to a special school operatedby the Board for Texas State Hospitalsand Special Schoolsupon application of his guardianwho has resided and been domiciled in Texas for more Dear Mr. Blackwell: than a year?

You have requestedan 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 Hospitalsand Special SchooWupon application of his guardianwho has resided and been domiciled,in~Texas for more than a year.

Under Article 3871b,Vernon's Civil Statutes,admission of a mentally retardedperson to a special school operatedby the Board for Texas State Hospitalsand Special Schools is effectedby an application for the admissionof suchperson "tothe Jurisdictionof the Board." Relevant portions of Article 3871b are as follows:

"Section1.~ This ,Actmay be referred to as 'TheMentally Retarded PersonsAct.' "Sec.2. It is the purpose of this Act to afford mentally retarded Texas oltizensan opportunity to develop to the fullestpracticable extent the,ir respectivemental capacities. " Sec. 3. As used in this Act: “(1) 'Mentallyretardedperson' means any person, other than a mentally ill person, so mentally deficient from any cause as to requireHonorable Tom Blackwell, Page 2. (WW-1042)

special training, education, supervision,treatment, care or control for his own or the community'swelfare. "(2) 'Texascitizen'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 minorwhose parent or guardianhas been domiciled in Texas for a likeperiod. "(3) 'Board'means the Board for Texas State Hospitalsand Special Schools. 1,

. . . "Sec.

### 4. Mentally retardedpersons shall be admitted to the Jurisdictionof the Board b$ the proceduresprescribed in this Act.
. . . Section 4 of this Articlepurports 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 suchadmission is limited to a sub-class of mentally retardedpersons, 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 retardedperson 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 operatedby the Board for Texas State Hospitalsand Special Schoolsupon application of his guardianwho 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