Mr. C. H. Cavness Opinion No. C-737 

State Auditor 

Sam Houston State Office Bldg. Re: Construction of Article 

Austin, Texas 2654C, Section l(h), Ver,- 

non's Civil Statutes: 

1. Whether or not the 

benefits extend to an 

alien who is an employee 

of a Texas State institution of higher learning ‘but who is neither in 

this country under a visa 

permitting permanent residence nor has he filed a 

Declaration of Intention 

to become a citizen of the 

United States; 2. Whether 

or not the benefits may 

be exercised in institutions 

other than the employing 

Dear Mr. Cavness: institution. 

In a recent letter to this office you requested an 

opinion in regard to the above referenced matters. We quote 

from your letter as follows: 

II . . . 

"1. Does House Bill No. 675 of the 59th 

Legislature, which extends resident tuition rates 

to resident teachers or professors or other employees of Texas State institutions of higher 

learning and their spouses and children, without regard to the length of time they may have 

resided in Texas, also extend resident tuition 

rates to an alien who is a resident institutional employee but who is not In this country 

under a visa permitting permanent residence or 

who has not filed a Declaration of Intention 

to become a citizen with the proper Federal 

immigration authorities (as set forth in Sub- 

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Mr..C. H. Cavness, Page 2, (C-737) 

paragraph (f), Section I, Article 265&c, Vernon's Revised Civil Statutes)? 

"2. Do the provisions of House Bill No. 

675 of the 59th Legislature relating to resident teachers or professors or other employees 

of Texas State institutions of higher learning 

extend to enrollments in institutions other 

than the one employing them?" 

Section l(f) of Article 2654~ of Vernon's Civil Statutes 

provides as follows: 

"(f) All aliens shall be classified as 

'nonresident students'; provided, however, that 

an alien who is living in this country under 

a visa permitting permanent residence or who 

has filed a Declaration of Intention to become 

a citizen with the proper federal immigration 

authorities shall have the same privilege of 

qualifying for resident status for fee purposes 

under this Act as has a citizen of the United 

States. Provided, however, that a resident 

alien residing in a junior college district 

located immediately adjacent to state boundary 

lines shall be charged the resident tuition 

by such junior college." 

Section l(h) of Article 2654c, Vernon's Civil Statutes, 

provides: 

"(h) Officers, enlisted men and women, 

selectees or draftees of the Army, Army Reserve, National Guard, Air Force, Air Force 

Reserve, Navy, Navy Reserve, or Marine Corps 

of the United States, who are stationed in 

Texas by assignment to duty within the borders of this State, or teachers, professors, 

or other employees of Texas State institutions 

of higher learning, shall be permitted to 

register themselves, their husband or wife as 

the case may be, and their children, in State 

institutions of higher learning by paying the 

regular tuition fees and other fees or charges 

provided for regular residents of the State of 

Texas, without regard to the length of time 

such officers, enlisted men or women, selectees 

or draftees, or teachers, professors, or other 

employees of Texas State institutions of higher 

-3562- 
Mr. C. H. Cavness, page 3, (c-737) 

learning have been stationed on active duty 

or resided within the State. As amended Acts 

1965, 59th Leg., p. 1003, ch. 490, T: 1. 

The former paragraph (6) of Section 1, Article 2654c, 

Vernon's Civil Statutes, now Paragraph (h), was added in 1941 

as an exception to the general requirements for establishing 

"resident status” for fee purposes. Prior to this amendment 

military personnel were subject to the same requirements for 

establishing domicile in Texas for fee purposes as other persons. 

In 1965 the benefits of Paragraph (h) of Section 1 were extended 

to teachers , professors, and other employees of Texas State institutions of higher learning and their families. 

The effect of Section l(f) of Article 2654c, Vernon’s 

Civil Statutes, is that all aliens shall be classified as "nonresident students" and therefore must pay non-resident tuition 

fees at State institutions of higher learning unless they qualify for classification as "resident students" by conforming to 

certain criteria. Did the Legislature intend that an alien professor or institutional employee of a State institution of higher 

learning in Texas, should first either be living in this country 

under a visa permitting permanent residence or have filed with 

the proper immigration authorities a Declaration of Intention to 

become a citizen before he could take advantage of the provisions 

of Section l(h) of Article 2654c? We think not. Had such been 

the intent of the Legislature it could have added a provision 

to Section l(h) making alien teachers, professors, and other employees of State institutions of higher learning specifically 

subject to the provisions of Section l(f) of Article 2654~. 

Paragraphs (f) and (h) of Article 2654c, Vernon's Civil 

Statutes, must Abe construed in pari materia. As to alien teachers, professors, or other alien employees of State institutions 

of higher learning, Section l(h) is an exception to the general 

provisions regarding aliens in Section l(f). Our answer to your 

first question is in the affirmative. 

Your second question is whether the benefits extended 

to teachers, professors, and other employees of Texas State institutions of higher learning, and their families, by Article 

265&c, Section l(h), Vernon's Civil Statutes, may be exercised 

in institutions other than the employing institution. The wording of Section l(h) in no way limits its application to the 

employing institution alone; rather it clearly extends benefits 

which may 'be exercised in all State institutions of higher learning . The phrase "State institutions of higher learning" is 

plural and non-specific, and it is clear that the benefits which 

the statute confers may be exercised in institutions other than 

the employing institution. 

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Mr. C. H. Cavness, Page 4, (C-737) 

SUMMARY 

Alien employees of Texas State institutions 

of higher learning, their husband or wife as the 

case may be, and their children are entitled to 

"resident student" status for fee purposes in 

State institutions of higher learning as authorized by Article 2654c, Section l(h), Vernon's 

Civil Statutes, notwithstandin 

of Section l(f) of Article 265 fi 

the provisions 

c. 

The benefits extended to teachers, professors, 

and other employees of Texas State institutions of 

higher learning and their families by Article 2654c, 

Section l(h), Vernon's Civil Statutes, are not 

limited to the employing institution but may 'be 

exercised in all State institutions of higher learning. 

Yours very truly, 

WAGGONER CARR 

RLT:dh:mh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Malcolm Quick 

W. 0. Shultz 

4r,+.blX SsndLti. 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

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