~~EATTOMNEY GENERAL 

Q,F TEXAS 

PRICE DANIEL 

September 

Hon, James C. Jones 

?kecutive Director 

Veterans Affairs Commis8;1~~1 

Austin, Texas 

Dear SrLr: 

ter e*ustion, of 

#lG$bi. ity”una?.r the 

* * $111 * 

We refer to your lsttar frpa yhhich ve quote as 

f!O~~@VS : 

‘We respectfully re@.iest from you ati opinton uhich we hdpe Vi,11 olnrrry ,$Qe )i)roais&oim df Set, 4, A,rt e 2634-1, Tbxtd ‘@&ivil 

Statutes: 

“I * If a veteran has exhausted his 

e~llgibllitg fop eduoation upae,r Ptibllc Law 

16, 78th Congress, Public Law 346, 78th Cmgress, or an3 amenamehts thereto; $8 he then 

eligible for exemption from ‘paytkent of tuition fees in State Supported schools under 

ii:;i,w in erclcr to pwiiue aaaitional eau- 

“2, If the ansver to our iipat queation is yes, for hov lopg may a veteran attend a State supported school vhile receiving 

exemption from payment of tuition under this 

ll%W? If he receives a B. A. degree, may he 

continue his education In the same school, 

or another school, in order to receive his 

Mataters and/w Ph,D? If he receives his 

Pre-Medical degree In one school, array he 

receive exemption from pbJ*nt of tuition 

under this law in order to contiffue on in 

nealcal school until graduation? 

Section 1 of Article 2654b-1, Vernon’s Civi 

Statutes, (Acts 1933, 43ra Leg, 1st C .S b Ch, 6, p* 10 t 

conoerning the exemption of war V8teraneC@ the Spanlah- 
. 

. . 

Hon, Jsmes C, Jones, page 2 (V-688) 

American Wap ana w0Pia War I f~on payment of tuition r806 

in State suppopted inrtltutlons of hlgheP learning, r8adS, 

in party as follows: 

nsec, 1, me governing borPds of the 

several institutions Of COll8giat8 Pank, 

supported in whole OP ln pat-t by public 

funds appropriated from the State !lTreasury, 

Sre hereby authorized and diP8Ctea to except ana exempt all citizens of Texas, who 

have resided in Texas for a period of not 

less than twnlve (12) months prior to the 

aat of Pegistration, aa who S8PVea aur 

the Spanish-American alas/or auPlng the Wor ? a 

WaP as nurses or in th8 rpmeqforceS of the 

United States auplDg the world war, ma vho 

are honorably aiSChP68a theP8fr@8s rrom 

the p8yment of all dueS, 1808, 8ma charges 

vhatsoev8P9 including fees for correspondence copses; ppovidea, howeveP, ttit th8 

fOr8gOing 8XemptiOn shall not be COnStPU8a 

to apply to deposita, such as llbrug, or 

laboratopj deposits, vhlch nary be requlzed 

in the nature of a security for the return 

of or popes cape Of ppopepty loaned for 

the US.3 Of StubentS, 19OP to WJ f8eS OP 

ch&PgeS for loagkng, board OP clothing. The 

gooe~nlna; boaras of eala institutions ry 

and it shall bs theip duty te Prqulrb every 

app~lcmt claim.% 

ii! 

the benefit of the above 

exemption to sub t s8tfafactoPf evidence 

that the applicant IS a o3tizen of Texas 

ana Ii othe~wlse entitled to said exemption 

D B 0 

In Acts 1943, (48th Leg, ch, 337, p. 568) the 

above Section vaS Pe8n@@t8a to cOntSaue in iat. ropoe 

ana effect, subjeot only to the adaltiola or l nev eec - 

tlon to be knovn as Sectlon 3O This sew S8CtiOm ooacernlng the exemption of certain veterans Of woP&a %r 

II from payment of tuition In State Sup$orted loptitt+ 

tlons of collegiate PaaL Peeas: 

“Set, 30 All of the above ana foregoing provliaions, conditfon5 u&d benefit8 

hefelnabove in this &ticle peovlded fop 

In Section S, e 9 m shm appiy.ana ~?CPU~ 

to the benefit of all nur+esp members of 

the Women's &ry Auxllirpy Cgpps, WOUB'B 
Boa. JJ.UIISS C, Jones, page 3 (V-688) 

Auxiliary Volunteer Emergency Service, and 

all members of the United States armed 

forces, regardless of whether members of 

the United States Army or of the United 

States Navy or the United States Coast 

Guard, who have er are nov samlng, or who 

may after the parsaga of thlia Act, S~PVB 

In the arMd forces of the United States 

of hwlca duNa~~ the present H0,rld W8r 

Sumber II, beiag the war nov being presscuted, and vhlah vas entered into on or ahmtiy mm Deeembbr 7, Wkl, IBY the 

Wa ttaStd r te0s P h a r iel gd.nat a vhat are 

aonomly known ao the Azlr Povsrr; wevlded, furthw, that all the rbevo and io~ego- pe~aans nanod &re bean komo&l~ 

dfraharged srom the swv1oaa In laliok thy 

vere engqed. kid, ,rerldod IU’tllcrr, tbBt 

the benefits and peviriur~ef tlf8 Aat 

shall also apply aad lmrr to the benefit 

of the children of members of the &ilted 

States Armed Ferces, vhare 8u& members 

vepe killad IM aotle8 w dimd ihi la the 

8ervlao0 The p~ovimioar of this Aat ah111 

not rmly to oao Iralmdo a87 umba of such 

thlted Statoe Aawad Fe~oos~ OF bth@r wrsons hereinabove Mmo&, vho ve~e PisCh&rged iron the sorvlce in Wah thourf w&e engaged because of being WOP the age of 

thlPty+lght (38) years or bec8uss af a 

gcrsanal request on the part of such POPson te be discharged from suah service, o 

s 0 (I 

Aaethor mctiea, cedlfiad ~8 Sbotlaa 4 of the 

mme Artlole vaa added by Acts 1945, 49th Legislature, 

Ohrpter 338, page 552, and provides a8 follovsn 

"Sec. 4, The exemption fram the payment of dues, fees, and charges as provlded hereinabove In Section 1 and Sectfon 3 

of this Article shall not apply to or lnelude honorably discharged nembers OP such 

United States Apmed Forces, 0~ ether pcrsons hereinabove named, who are ellglble 

for education or training benefits provided by the United States government under 

public Lav go, 16, 78th Co 

7 

rem, or meadmeats thereto, or under Pub lc Lav So. 346, 

: * . 

w 
Bon. James Co Jones, page 4 Qv-6881 

78th Cong~esa, OP 8mndments thereto, OP 

under any o%heln Fe&Pal legislation that 

may be in foluas at the tlm of @eglstpatlon 

in the college conospnsd OS irruoh rx-servloe 

nun 0~ voman. As to all ax-service men OP 

vomon as dei’ined in this se&Son, the govsralng boards of each o$ the sewral lartltutions of collegiate rank9 euppopted in whole 

or is par8 bj publlo Sunde a 

g 

pPopriate& fpom 

the’stats %easwy, are hrz=e y authoplr;ed to 

entry lute contracts with the United States 

Government, or an7 of its agexnoies, to f~- 

nlsh instruction to such ax-repvice men and 

vomen at a tuition pate vhloh oove~~ the estimated cost of euch instructken oP, ln the 

altepnatlve, at a tuition pate oi One Hundred Ddllars ($lQQ,QO) a semester, a8 rsag be 

detepmlned by the govermlng board of the lnstltution concerned; ppovlded, however, that 

if suoh pates a8 herein specified l pe wohlbitsd by Federal law %OP an7 pr~tic~ulalr ola8e of 

ox-se~vloe men OP wow& then, also in -&hat 

event, the tultlon Pete ah811 be raaoh pate 

aa may b@ agmed to b 

but IJB aay wont not 3 

isaid govr~ialag beamIn,, 

088 than the l atabllrhed rates fop oivilirn rtudents; pevidti fwhher th%t should the Fedma law pmvlde am 

to mnr class of vetspans that euch tuitfon 

payments ape to be deduoted fpom any subsequent benefits which said setupan may be 

hepeaftep entitled to receive, the educational Institution concerned is hereby authorized and directed to Fefund to any vetsPan 

who lm a resident of Texas within the taeanQng of thir Act the amount by whloh anf adQu.ated oorpensation payment is hersafteP 

aatually ~cduead on account of tuitlaa pap-= 

w&B made by the FadePal gOvePaADbZ& to 8!0h 

sducatlonal fnstitution for sneh vetePan. 

In Opfnion Non O-7316, a prloP admlnistP~tloa 

of this of’fica had occasion to expz~ss it8 viewpl vith 

respect to pertinent questions conoernlng the srMA.o~8 

of Artiole 265&b-1 above quoted and Pub110 Laws 16 aad 

346, 78th cOngPeS~~ We enclose a copy thereof for JWW 

use and convenlenoe. 

Among other matters, Opinion O-7316 advleod 

that a veteran OS World Wap II, honorably dl8chaPged, 

. 
Hon. James C. Jones, page 5 (V-688) 

eligible t0 SBCuP8 tralnirIg Or %dUi?atiOMl benO?tts Under Public Law No. 346, 78th Congress, as amended, is not 

entitled to the benefits conferred on veterans of World 

War II under State statute, Artlo 265&b-l, as areended, 

and is not exempt from payment of tuition in a Stat8 supi!i 

;r;dl;;stitution 

That 

of higher learning under any existing 

glble to ;8our8 "G. I. 

Opinign appli8.9 t0 VetSmXUS who 8r8 8liBill educational benefits. 

As to thOS8 veterans, however, who have 8xhauatsd the benefits to vhich they ver8 eligible under 

the %. I." Bill, ve think they should nov b8 tr8ated 

for purposes of the Stat8 exemption lav, Article 2654b-1 

as amended, as are those other V8t8ran.S vho are not or 

vere never entitled to benefits under th8 VG* 1." Bill. / 

The purpose of S8ctiOn 4 of Article 2654b-1 is 

Clearly to allow the governing boards of eaah of the several Institutions of aollegiate rank to realize tuition 

payments Q?on the Government on those veterans entltled 

to "0. I. Bill 8dUCational benefits. We find no fntenclment in said Section 4, or other provision of Article 

2654b-1, that the exeaptlon provided ther8in should go 

Only to those V8t8raIM,,CitiZ8ns Of Texas, who V8rd entitledto no "0. I." Bill eclucatlonal bsnsflts. 

we thiak Article 265423-l, as amended, is clearly to the effsot that all veterans, cltleens of Texas, beSigllat8d therein, are entitled to the ex8qtion provided 

ther8in vher8 they are not, or where they are no longer, 

entltle+to rlceive 88u8atlOMl benefits under the Bocalled G. I. Bill. To oonstrue Article 2654b-1 to th8 

8ff8Ct that only those veteran8 drsignated therein vho 

may not realize the benefits afforded under the G. I," 

Bill or who never may have participated in the benefits 

of that bill are entitled to exemption provided In the 

State law would be to read Into said law provlsione vhich 

simply are not contained therein, Accordingly, we ansver 

your first question in the effirmatlve. 

With respeot to 

examination of Article 3: 

our second question, a close 

265 b-l, as am8na8d, vi11 reveal 

no provision thersln limiting the length of tlm8 during 

which a veteran exempt und8r said law mar attend our 

State institutiona of higher learning vlthout payment of 

tu1t10n. Of course, he must ma& the saholastia rrquirements and other rules and regulations applicable to ~11 

students entering or desiring to continue eoucational 

pursuits in said institutions. But having met those re- 

. . 
. ^ 

Hon. James C, Jones, page 6 (V-688) 

quirements, he may continue his education exempt from 

the payment Of tuit-lon under Artiole 2654b-1, as amenaed, until such time as the Legislature may pass &ews fixing a definite duration of time or limiting his rights. 

SUlvlMARY 

A veteran, citizen of Texas, who has 

exhausted his eligibility foP eduCatiOnal 

benefits under Public Laws 16 and 346, 78th 

Congress, and amendments thereto, is eltglbl8 for exemption from payment of tuition 

in State institutions of higher learting as 

provided in ArtYCle 2654b-1, V. C. S., as 

amended. 

Article 2654b-1, V. C. S., does not 

limit the 18 th of time during uhiah a 

veteran 81i 

G 

1 18 and designated thevein, 

may attend tate institutions of higher 

Tearnine vlthout payment of tuition. 

Yours very truly, 

ATTORtf#iY Gl!iKBML BP TEXAS 

.