October 26, 1961

Honorable John S. Hovenga Opinion No. WW-1173 ExecutiveDirector 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 theprovisions of Article 2654b-1 ofVernon's Dear Mr. Hovenga: Civil Statutes.

We are in receipt of your request for an opinion concerning the exemption of tuition feesunder Article 2654b-1 ofVernon's Civil Statutes.

The facts are clearly stated In your letter, as follows:

"DavidS. Sansonhas registeredat

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 duringWorld War II. The father was born and reared In Plainview, Texas which was his legal residenceand domicile at the time of his death. David S. Sansonhas until now been livingwith 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 governingboards of the several institutionsof collegiate rank, supported In whole or in part by public funds appropriated from the State Treasury, arehereby 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 servedduring the Spanish-American and/or during the World War as nurses or in the Armed Forces of theUnited States during the WorldWar, 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 foregoingexemption shallnot be construed to apply to deposits, such as library, or laboratorydeposits, whichmay 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 governingboards of said institutionsmay and It shallbe their duty to require every applicant claiming the benefit of the above exemption to submit satisfactoryevidence 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 foregoingprovisions, conditionsand benefitshereinabove in this ArticlGrovlded for in Section1 shall aptly and accrue to the benefit of men and women of the armed forces of theUnited States of Americaduring the present national emergency. As used herein the term 'presentnational emergency' refers to the period of time beginning June 27, 1950, and ending on suchdate as shallbe determinedby PresidentialProclamation or ConcurrentResolution of the Congress forpurposes of defining a 'basic serviceperiod'under Public Law 550, Eighty-second Congress, Second Session, Chapter 875. Provided, that the provisions of this Act shallnot apply in the case of persons whose fees and tuition are being paid to the educational institutionby the Veterans AdmInIstrationunder Public LawHonorable John S. Hovenga, page 3 (WW-1173)

16, Seventy-eighthCongress, as amended Public Law 894, Eighty-first Congress, Second Session, as amended,or Public Law ,346,Seventy-eighthCongress,.as amended, as promulgatedby the Congress of the United States; or to persons whose fees and tuition are paid directly to the veteranunder Public Law 550, Eight-secondCongress, as promulgated by the Congress of the United States;
nor shall thisprovision 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 residencerequirementsof Section 1 apply to the war veterans themselves. However, the underscored provisions of Section 5 incorporatethe conditionsand requirementsof Section 1.

The exemptionsof 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)monthsprior to their registration in the state institution. These requirements force

us to the conclusion that the legislatureintended 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 exemptionsunless he complied with the above discussed residence requirements.

Since the veterans themselvesmust be residents of Texas at the time of their registration,we are of the opinion that the legislaturemeant for all persons exempt to be residents. Therefore, children of the deceasedveterans also must satisfy the residence requirementsof Article 2654b-1. David S. Sanson, therefore,would not be eligible for the exemptions.

SUMMARY

A child of a veteran who losthis life in World War II is not entitledHonorable John S. Hovenga,page 4 (WW-1173)

to the exemptionof 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

REVIEWEDFOR THE ATTORNEYGENERAL BY: Houghton Brownlee, Jr.