. 

PRICE DANIEL 

Bon. LlOJa cros1ia 

District Attorney 

Lubbock, Texas 

Dear Sir: 

Re: The ellglbillty for 

“resident” re&atration fees at Tsxas 

Techaologlcal College 

of a 19 ear old native of i klahlmu who 

now lives la LubkuMk 

with his wife and 

child .’ 

Referdxe ia made 

reads in part as follows: 

to your recatit request which 

is a male parson, 19 

that Jerry L. Shelby 

em8 of age, mrried, 

“It is undlspul+ 

the father of one oh1 3 d an@ livl 

bock, Texas with his wits, and CM Y 8. In Jerry Lubahelbj lw&+v 

ilh my, 194 74 

to Lubbock, Texas wit& hi8 wife 

, for thq gurgc~se or making WIbeak, Tbur hir bomb; &ad vlth 80 iatbntlvn 

opiaion HO. v-913 

tolls e at 

80 hap lived in Lubbock, !f axa8 

rith his i~lfs since l&q 1, 1948, and during 

that time a child war born to than, after 

which they continued to live in Lubbnok, Texas. Durlr&# the entire time that he Bnd his 

wife end ahild have lived here he kar been 

employed in the Clt]r of Lubbock, u&or full 

tlmb employBoat, and haa there~ mado a livW&W&wolf, hia rife and ohlld do* 

At the t&no Je%‘ry 8holbj oam to 

‘pexaa, a& at 011 times sinae, he has mnifeeted br eX~sss10t.~ aud Wel’t act8 that 

Lubbock is his home oad place of pbrmnbnt 

realdeaob 8nd doa%alle. Ba ir now am& ka 

hen dariu hla mWt.d Sir 

oblf, PPI wit@* 8ad ohild, 

rup 

lILtmA r 

rttru JWua o e tror l y o a o . 

wy raor 

/’ 

, 

. 

.: 
- . 

Hon. Lloyd Croalin, page 2 (V-913) 

“The wther and rather of Jerry Shelby 

live in the State of Oklahon end are doM.- 

cued there. Qelthar contribute to the uupport OS Jerry Shelby nor hia Sanlly. 

‘Jarrf Shelby deriraa to aaroll la 

four Toohmolo 

o? 1949, *a a fi 

cal Collo#o la &#mbor 

l a h wrr studenta, nd wia - 

taina that he has tha right and prirlla o 

oi reglatratioa au a student in this co % -

loge upoa hi8 pylng the 8rbaident8 rb((i6- 

tratlon foe, and rlthout hwly to mf the 

8aoa-reeidant I rogiatmtlon ire O” 

your quaatioa iar OeAor the facts aubmltted, 

ia thla atudrat claaaifled a8 a ao8-rasldeat atndont 

under Article 26540, Varnon’a Civil Statutea? 

Artlole 26540, Veruonaa Civil St8tute8, IWOvldba in part aa follevs: 

“(N) A nonroald~at otudmt la haroby 

dorUed to ba l a tndo a t of laaa than trmtpou’ (21) narlr 0r qe, lit 

‘“f 

l w87 fror 

hi8 fa8il7 and vhbae fully ~08 de8 1~~ 

me&her St&o, or whoeo imilt baa not 190 

aided In Tour for tha trelvo (12) w&ha 

lmedIate17 prooedlw the date oi ragiatr8t1oai . . . 

“(b) The term ‘rorldomob’ eI) u0.d l8 

thla Aot maan8 ‘do8IoIlm’; a . 0” 

It 10 at8ted In 31 Toxaa duriap‘udeaoo 1319, 

?aroat md Child, ko. 47 thats 

“Thou@ there la ILO statute 80 @Ovidlag, the rrriage of a daor a08 ala0 owacipmtea him, for the 18~ l~posba u~@a a 

huatind the dutt of rupportla(: hla wife ud 

fd.l~l , d for l uah muqma~ r&l hia 6ma- 

‘“F 

8r0 pivrll~ to be dbrotod. ThO 800'8 

O?J l@lon ia l uuh l aaaa IS to hlr own fu117, rather than to hla paro~ta. 1 

‘Parenta ry and frequent17 do coa8oRt 

to the l waol~tlo8 of ohIldm8 2 EM&ad 

waoqh to ww for thmwlvea. - 

tioa to ommclpate nerd not be bX)FO8@@& 
Ben. LloJa Croalla, pegs 3 (V-913) 

be InfelmM rrQ8 fib@ aomaet et the 

aad the aucrowdIu8 olrctuatan4ms. 

“Where there hau boon a oo8pbte emnclmtioa or a renuac%aticbn of parmtal 

rights, a minor child ooeupier the mme relatlo8 to the parents a6 if iw b8d arrIv8d 

at full 41;e.” 

Also in 23 Texas Jurl~~~~doncs 14, HuubmaaI 8~4 

Wife, Sbc. 4, it is stated that: 

"The family group had its origin ulth 

the iirat pair. In legal oonte~atlon 

'fatil7' is not alva7u e7noll~1oue with 

'lutuEa~Q end wife, ' wt It we ummU7 

I8 00. 

In the sare volume at #a&a 18 we ilad the foo3- 

ICOMig: 

“We have just so8n t&t the husbmd, 

as head of tlq faUl7, ry eeleat bha hril7 dap,iaL;La. 

Ia mmberg., Caailieb or lmw, ~.44-45, we 

tik iollow ita& 

af a 

“It is frr txoW;tt rUCb*l Mwt aa 

amacigSmd chid PY aappti~q a @ul@U 

aopwat8 fro8 that 4 0 3 I%* grcw*r. . . 

It muld imem that in an7 oase in rdsiah 

a child is 'on his ona' and independent 

of his parenta, he should be able to acquire a domloil o? his own, perticularl7 

if he has attained 7ears of discretion. 

SO, It ha8 rlso laoen held that a child 

upn hui wrria~. suWlrFeatl7 pnasra 

frcr parental control to pWWt aoquislt&m of a separate, dolalcll, although 

there we earea, to t&e ooatrary. a ." 

Although the gmeral rule is that the dorioila 

minor is that of h.ia parents, we belleve such rule 

l& Plot applicable to the iaetaat ease. bra we have a 

mamied m&nor who has a full7 of hlr own md vho ham LJ 

him omn 8ate tenlrrated the feril7 relatlowhip with h&e 

$Watite, and he h&s been living with his ova fati il 

Texas for more than twelve moaths. 
- . 

Eon. Lloyd Crosl1a, mge 4 (v-913) 

Since the minor In question has acquired e 

family of' his own, It 1s our o~lalon that under the 

facts preaeated such minor 18 not to be claerifled act 

a nouresldent of the State o? Texas wlthln the n8ning 

of said Article. 

A minor who Is rrrried and ha8 been 

living in Texas with his wife aad non for 

the past twelve monthe, aad whose parent6 

are residents OS Oklahomm, is not to be 

clssslfled as a nonresident within the 

meama:~eof Article 26540, Ver~on'm Civil 

. 

Yours very truly, 

ATTORNEX OENBRAL OF TEXAS 

BA:bh:mw m 

Amslrtrnt 

P x-& 

FIMT ASSISTANT 

ATTORSUY -