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 ofSenate Bill 123 (63rd Leg.) with provisions ofthe Texas Education Code.
Your inquiry has to dowith the effect ofArticle 5923b, V. T. C. S., three-called Eighteen Year Old Law, uponvarious provisions ofthe Education Code. Article 5923b, in part, provides:

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

### all the rights, privileges, and dbligations ofmajority **to** all persons who are at least 18years ofage. It shall be construed liberally to accomplish that purpose. “Sec. 2. Notwithstanding any statutory or decisional ~~ law, or any rule, regulation, or ordinance ofthis state or of any political subdivision or incorporated city or town of this state, 

### a person who ir at least 18**years** ofage 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 aminimum age of 18 years.

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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’ InAttorney General Opinions H-82, 83. 84 and 85 (1973)‘ we discussed at some length andwith 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 ofminority ofthose 18years **of** age or older. It did notamend **all** statutes inwhich the age 21 appeared. Rather, it extended to those younger than 21 the “rights, privileges and obligations” of those whotheretofore had achieved majority by reaching the age **of** 21, **Section** 21.031(b) and (c) ofthe Texas Education Code, V. T. C.S., provides:

‘l(b) Every child inthis state over the age

**of** six years and not over the age **of** 21 years on the first day ofSeptember ofthe year inwhich admission is sought rhall be permitted to attend thepublic free schools ofthe district inwhich he resides or in which his parent, guardian, or the person having lawful control ofhim resides at the time he applies for admission notwithstanding the fact thathe may have been enumerated in the scholastic census ofa different dirtrict or may have attended school elsewhere for a part ofthe year.

‘l(c) The board **of** trustees of anypublic free school district ofthis state shall admit into the public free schools **of** the district free of tuition all persons over six andnot **over** 21 year. ofage 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 ofAttorney 

### General Opinions we concluded in Attorney General Opinion H-63 (1973) thateven 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 notthat ofhis parents, would dependupon p. 1401._ ’

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

whether remidencewas bona fide or was merely an ortensible residence **for the**  **purpose** of attending a different school. We said there that each **indance** would have tobe determined uponan examination of the detailed facta andthat, in -.each instance, the school official charged with the rellponsibility for this decision would have tnweigh’: all facts and conclude that the residence **bither** was a bona fide residence or was onewhich was
~merely ostensible. Normally, residence is a matter of volition or inten-

-’tion and doea not normally dependuponthe length oftime. See Attorney General Opinion H-156 (1973). Itin our opinion therefore, that an 18 year old may establish his own residence in tbe same manner andwith 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 ofthe district when duly elected or appointed **thereto.** We had this precise question before us inAttorney General Opinion H-84 (1973). In that opinionwe pointed outthat, regardless ofArticle 5923b. V. T. C.S., an individual who is 18years ofage and in compliance with all other provisions ofArticle 5.08 ofthe Election Code, V. T.C.S., is eligible tobe 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 fintheposition offormulating 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 ofa person as a tenant andhiclbeing appointed commissioner ofa ‘public housing authority. SUMMARY

**A** person at least 18years of age may determine his own residence in the same manner andi&h the mrne legal result as could any other adult.

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

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

enrolled rtudent rchool, **of** age or older, may legally qualify who im18yearr legally qualify and oerve ai a‘member **of** a Board of Trurteee ofthe Trurteee 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