The Honorable Dr. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

201 E. Eleventh Street 

Austin, Texas 78701 

Dear Dr. Edgar: 

OpinionNo. H- 301 

Re: Construction of Senate 

Bill 123 (63rd Leg.) 

with provisions of the 

Texas Education Code. 

Your inquiry has to do with the effect of Article 5923b, V. T. C. S., 

three-called Eighteen Year Old Law, upon various provisions of the 

Education Code. 

Article 5923b, in part, provides: 

“Section 1. The purpose of this Act is to extend all 

the rights, privileges, and dbligations of majority to all 

persons who are at least 18 years of age. It shall be 

construed liberally to accomplish that purpose. 

“Sec. 2. Notwithstanding any statutory or decisional ~~ 

law, or any rule, regulation, or ordinance of this state 

or of any political subdivision or incorporated city or town 

of this state, a person who ir at least 18 years of age has 

all the rights, privileges, and obligations of a person who 

is 21 years of age. A law, rule, regulation, or ordinance 

which extends a right, privilege, or obligation to a person 

on the basis of a minimum age of 21, 20, or 19 year8 

shall be interpreted as prescribing a minimum age of 18 

years. 

‘I 

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Your first question asks: 

p. 1400 
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The Honorable Dr. J. W. Edgar, page 2 (H-301) 

“Doea an 18-year-old per se have the right to 

establish a residence, at any time, for public free 

school attendance purposes in a Texas school district wherein his parents do not reside? I’ 

In Attorney General Opinions H-82, 83. 84 and 85 (1973)‘ we discussed 

at some length and with reference to a variety of situations, the effect of 

Article 5923b. We concluded in Opinion H-82 that the effect of the 

statute was the removal of the diaabilitier of minority of those 18 years 

of age or older. It did not amend all statutes in which the age 21 appeared. 

Rather, it extended to those younger than 21 the “rights, privileges and 

obligations” of those who theretofore had achieved majority by reaching 

the age of 21, 

Section 21.031(b) and (c) of the Texas Education Code, V. T. C.S., 

provides: 

‘l(b) Every child in this state over the age 

of six years and not over the age of 21 years on 

the first day of September of the year in which 

admission is sought rhall be permitted to attend 

the public free schools of the district in which he 

resides or in which his parent, guardian, or the 

person having lawful control of him resides at 

the time he applies for admission notwithstanding 

the fact that he may have been enumerated in the 

scholastic census of a different dirtrict or may 

have attended school elsewhere for a part of the 

year. 

‘l(c) The board of trustees of any public free 

school district of this state shall admit into the 

public free schools of the district free of tuition 

all persons over six and not over 21 year. of age 

at the beginning of the scholastic year if such person or his parent, guardian or person having lawful control reside6 within the school district. ” 

Citing a line of Attorney General Opinions we concluded in Attorney 

General Opinion H-63 (1973) that even as to a minor, hir residence for the 

purpose of determining eligibility for free public education under Sec. 21.031 

of the Texas Education Code, if not that of his parents, would depend upon 

p. 1401 
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The Honorable Dr. J. W. Edgar, page 3 (H-301) 

whether remidence was bona fide or was merely an ortensible residence 

for the purpose of attending a different school. We said there that each 

indance would have to be determined upon an examination of the detailed 

facta and that, in -.each instance, the school official charged with the 

rellponsibility for this decision would have tn weigh’: all facts and conclude 

that the residence bither was a bona fide residence or was one which was 

~ merely ostensible. Normally, residence is a matter of volition or inten- 

-’ tion and doea not normally depend upon the length of time. See Attorney 

General Opinion H-156 (1973). It in our opinion therefore, that an 18 

year old may establish his own residence in tbe same manner and with 

the same legal result as could any other. adult. 

Your second qua&ion asks whether an 18 year old, while enrolled as 

a student in a Texas public school district, may legally qualify and serve 

as a member of the Board of Trustees of the district when duly elected 

or appointed thereto. We had this precise question before us in Attorney 

General Opinion H-84 (1973). In that opinion we pointed out that, regardless of Article 5923b. V. T. C.S., an individual who is 18 years of age and 

in compliance with all other provisions of Article 5.08 of the Election 

Code, V. T.C.S., is eligible to be a candidate for the office of Trustee of 

an independent school district. 

We do not see any incompatibility in the fact that the student, if elected 

to the Board of Trustees, may be fin the position of formulating policy by 

which he would be controlled as a student. We considered a rather similar 

situation in our Letter Advisory No. 13 (1973) where we held that there 

was not necessarily a disqualifying conflict of interests behveen the status 

of a person as a tenant and hicl being appointed commissioner of a ‘public 

housing authority. 

SUMMARY 

A person at least 18 years of age may determine 

his own residence in the same manner and i&h the 

mrne legal result as could any other adult. 

p. 1402 
The Honorable Honorable Dr. J. W. Edgar, page 4 (H-301) 

A person enrolled enrolled as a rtudent rtudent in a public rchool, rchool, 

who im 18 yearr of age or older, may legally legally qualify qualify 

and oerve ai a ‘member of a Board of Trurteee Trurteee of the 

dirtrict if otherwire qualified. 

Very truly youre, 

P 

R2LG 

JOHN L: HILL 

Attorney General of Texan 

APPRWD: 

Opinion Committee 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1403