October 26, 1961 

Honorable John S. Hovenga Opinion No. WW-1173 

Executive Director 

State Teachers Colleges Re: Whether, under the stated 

Box K, Capitol Station facts, Davis S. Sanson is 

Austin 11, Texas exempt from the payment of 

tuition and other fees 

under the provisions of 

Article 2654b-1 of Vernon's 

Dear Mr. Hovenga: Civil Statutes. 

We are in receipt of your request for an opinion 

concerning the exemption of tuition fees under Article 2654b-1 

of Vernon's Civil Statutes. 

The facts are clearly stated In your letter, as 

follows: 

"David S. Sanson has registered at 

Southwest Texas State College. His father 

lost his life In the course of duty while 

a member of the armed forces of the 

United States during World War II. The 

father was born and reared In Plainview, 

Texas which was his legal residence and 

domicile at the time of his death. David 

S. Sanson has until now been living with 

his mother in Portland, Oregon. Article 

2645B-1, Vernon's Annotated Texas Civil 

Statutes, provides for the exemption of 

certain students from paying tuition and 

other fees,,in Texas schools of higher 

education. 

Article 265413-l provides as follows: 

"Section 1. The governing boards 

of the several institutions of collegiate 

rank, supported In whole or in part by 

public funds appropriated from the State 

Treasury, are hereby authorized and 

directed to except and exempt all citizens 

of Texas, who have resided in Texas for 

a period of not less than twelve (12) 
’ . 

Honorable John S. Hovenga, page 2 (WW-1173) 

months prior to the date of registration, 

and who served during the Spanish-American 

and/or during the World War as nurses or 

in the Armed Forces of the United States 

during the World War, and who are honorably 

discharged therefrom, and who were bona 

fide legal residents of this state at the 

time of entering such service, from the 

payment of all dues, fees and charges 

whatsoever, including fees for correspondence courses; provided, however, that 

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

library, or laboratory deposits, which may 

be required in the nature of a security 

for the return of or proper care of property loaned for the use of students, 

nor to any fees or charges for lodging, 

board or clothing. The governing boards 

of said institutions may and It shall be 

their duty to require every applicant 

claiming the benefit of the above exemption 

to submit satisfactory evidence that the 

applicant is a citizen of Texas and was a 

bona fide legal resident of Texas at the 

time of entering such service and is otherwise entitled to said exemption. 

II 

. . . 

“Sec. 5. All of the foregoing provisions, conditions and benefits hereinabove in this ArticlGrovlded for in 

Section 1 shall aptly and accrue to the 

benefit of men and women of the armed forces 

of the United States of America during the 

present national emergency. As used 

herein the term 'present national emergency' 

refers to the period of time beginning 

June 27, 1950, and ending on such date as 

shall be determined by Presidential Proclamation or Concurrent Resolution of the 

Congress for purposes of defining a 'basic 

service period' under Public Law 550, 

Eighty-second Congress, Second Session, 

Chapter 875. Provided, that the provisions 

of this Act shall not apply in the case of 

persons whose fees and tuition are being 

paid to the educational institution by the 

Veterans AdmInIstration under Public Law 
Honorable John S. Hovenga, page 3 (WW-1173) 

16, Seventy-eighth Congress, as amended 

Public Law 894, Eighty-first Congress, 

Second Session, as amended, or Public 

Law ,346, Seventy-eighth Congress,.as 

amended, as promulgated by the Congress 

of the United States; or to persons 

whose fees and tuition are paid directly 

to the veteran under Public Law 550, 

Eight-second Congress, as promulgated 

by the Congress of the United States; 

nor shall this provision of this Act 

apply In the case of persons dishonorably discharged from the service in 

which they were engaged. And, provided further, that the benefits and 

provisions of this Act shall also apply 

and inure to the benefit of the children 

of members of the armed forces of the 

United States who were killed in action 

or died while in such service." (Emphasis 

added) 

It is true that the residence requirements of 

Section 1 apply to the war veterans themselves. However, 

the underscored provisions of Section 5 incorporate the 

conditions and requirements of Section 1. 

The exemptions of Section 1 and 5 of Article 

2654b-1 apply only to those veterans who are citizens of 

Texas, or who have resided in this state for a period of 

not less than twelve (12) months prior to their registration in the state institution. These requirements force 

us to the conclusion that the legislature intended the 

exemption only for residents of this state since a veteran 

who was a Texas resident at the time of his military service 

would not be entitled to the exemptions unless he complied 

with the above discussed residence requirements. 

Since the veterans themselves must be residents 

of Texas at the time of their registration, we are of the 

opinion that the legislature meant for all persons exempt to 

be residents. Therefore, children of the deceased veterans 

also must satisfy the residence requirements of Article 

2654b-1. David S. Sanson, therefore, would not be eligible 

for the exemptions. 

SUMMARY 

A child of a veteran who lost his 

life in World War II is not entitled 
Honorable John S. Hovenga, page 4 (WW-1173) 

to the exemption of Article 2654b-1 of 

Vernon's Civil Statutes If, the child 

was not a citizen of Texas or had not 

resided in Texas for twelve (12) months 

or more prior to the date of his registration. 

Yours very truiy, 

WILL WILSON 

Attorney General of,,Texas 

FDW: zt :lgh 

Fred D. Ward 

Assistant 

APPROVED: 

OPINION COM?UTTEE 

!A;. V. Geppert, Chairman' 

W. 0. Shuftz,,II, 

Iola B. Wilcox 

Gordon Zuber 

J. Xilton Richardson 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.