Hon. Raymond W. Vowel1 

Commissioner 

Opinion No. M- 1035 

State Department of Public Welfare Re: Effect of Graham v. 

John H. Reagan Building Richardson (U.S. Sup. 

Austin, Texas 1971) upon Art. III, 

Sec. 15a, Texas Constitution, and Art. 

695c, Sets. 12 and 20, 

V.C.S., relating to 

citizenship requirement 

for old age assistance 

Dear Mr. Vowell: and aid to the blind. 

In your letter requesting an opinion from this office 

you ask the following question: 

'Does the United States Supreme Court 

decision in Graham v. Richardeon, et al. and 

Sailer, et al. v. Legar, et al., have the 

effect of rendering unconstitutional the 

portion6 of the Texas Constitution (Art. 

III, Sec. 51-a) and the Texas statutes 

(Art. 695c, Sets. 12 and 20, V.T.C.S.) 

which relate to the citizenship requirement for old age assistance and aid to 

the blind." 

On June 14. 1971. the United States Sunreme Court 

decided the cases of Graham v. Richardson, et al: and Sailer, 

et al. v. Legar, et al., 91 S.Ct. 1848 403 U S 365 (Isn,- 

affl i Graham v. Richardson, et al.: 

1970yaZ Sailer, et al. v. 

313 F:S;pp. 34 (D.Arlz. 

L 

(E.D.Penn. 19'10). Both 

egar, e 

cases were welfa 

Y al.., 321 F;Supp. 250 

re cases. The Gr&am 

case~concerned the Arizona statute orovidina benefits to 

permanently and totally disabled (A-PTD). The Arizona statute, 

Section 46-233A01, Arizona Revised Statutes, reads: 

'No person shall be entitled to general 

assistance who does not meet and maintain the 

following requirements: 

. -5047- 
Hon. Raymond W. Vowell, page 2 (M-1035) 

"1 e Is a citizen of the United States, 

or has resided in the United States a total 

of fifteen years. * + *" 

A like elfgfbflfty provfsfon conditioned upon citizenship or 

durational residence appears in the Arizona statutes providing 

old age assfstance and assistance to the needy blind. The 

Appellee, Carmen Richardson, was a lawfully admitted alien. She 

met all other qualfficatfons for (APTD) benefits except the 15 

year residency specified for aliens by the Arizona statute. She 

applied for (APTD) benefits but was denfed relief solely because 

of the residency provision. 

The Sailer case concerned the Pennsylvania Welfare Code, 

62 P.S. Section2). It provides that those eligible for 

assistance shall be (1) needy persons who qualify under the 

federally-supported categorical assistance programs and (2) those 

other needy persons who are citizens of the United States. The 

Appellee, Elsie Legar, was a lawfully admitted resident alien, 

Mrs. Sailer was fnelfgible for assistance under the federal programs and was denied State welfare assistance because of her 

alienage. 

The Court in its opinion bv Mr. Justice Blackmun held 

thal State statutes like those of Arizona and Pennsylvania which 

deny welfare benefits to lawfully admitted resident aliens or to 

lawfully admitted aliens who have not resided in the United States 

for a specffied number of years, violate the Equal Protection Clause 

of the Fourteenth Amendment to the Unfted States Constitution and 

encroach upon the exclusive federal power over the entrance and 

residence of aliens. The Court also held that there was no authorization for Arizona's 15 year duratfonal residency requirement 

In the Socfal Security Act. 

On December 13# 1971, a three-judge district court entered a judgment In the United States District Court9 Southern 

District of Texas, Houston Dfvfsfon in Perez9 et al, v. Hackney, 

et al. consolidated with Salazar V- Hackney, !e ea. 

andazar cases were ackions which pertained 

t a. 1* The Perez 

1s which oertained sorely sorely to to thed 

to tFz-permanently and totally disabled (AFTD), Sectionf 16-B, 

Article Article 695c, Vernon's Vernon's Civil Statutes, Statutes, and aid to families families with 

dependent dependent children children (AFDC), (AFDC), Section Section 17, Article Article 695c, Vernon's Vernon's 

* Not yet reported. 

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- 

Hon. Raymond W. Vowell, page 3 (M-1035) 

Civil Statutes programs. 

The judgment entered in the Perez and Salazar cases 

reads, in part, as follows: 

,I 

. . . 

"1 . Portions of Article III, Section 51-a 

of the Texas Constitution and Texas Revised Civil 

Statutes Annotated, Article 695c, §§16-b & 17, 

and the regulations Issued pursuant to them by 

defendants, deny aid to applicants for Aid to 

the Permanently and Totally Disabled and Aid to 

Families with Dependent Children who are not 

citizens of the United States. As such those 

portions violate Article I, $8 and VI of the 

Constitution of the United States by encroaching 

upon exclusive federal power and they also 

violate the equal protection clause of the 

Fourteenth Amendment to the United States 

Constitution." 

There Is no specific provision In the Texas Constitution 

relating to the citizenship requirement for aid to the permanently 

and totally disabled and aid to families with dependent children, 

but Sections 16-B and 17 of Article 695c, Vernon's Civil Statutes, 

contain the statutory requirements for citizenship for these two 

programs as follows: 

'Sec. 16-B. (1) Assistance to the permanently and totally disabled shall be given 

under the provisions of this Act to any needy 

person: 

"1 . Who is permanently and totally disabled as hereinafter defined; and 

. . . 

"3. Who is a citizen of the United States, 

and . . . 

'Sec. 17. Aid to F~amilies with Dependent 

Children shall be given under the provisions of 

this Act with respect to any dependent child. 

'Dependent Child' is any needy child: 

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. 

Hon. Raymond W. Vowell, page 4 (M-1035) 

"(1) Who is a citizen of the United States, 

and . . .*I 

Article III, Section 51-a of the Texas Constitution 

provides, in part, as follows: 

"Section 51-a. The Legislature shall have 

the power, by General Laws, to provide, subject 

to limitations herein contained, and such other 

limitations, restrictions and regulations as may 

by the Legislature be deemed expedient, for 

assistance grants to . e . 

"(1) Needy aged persons who are citizens 

of the United States or non-citizens who shall 

have resided withi th boundaries of the United 

States for at least twkty-five (25) years; 

'(Emphasis added.) 

"(2) Needy individuals who are totally and 

permanently disabled by reason of a mental or 

physical handicap or a combination of physical 

and mental handicaps; 

“(3) Needy blind persons; 

"(4) Needy dependent childzen and the 

caretakers of such children. . . 

The Public Welfare Act of 1941, as amended (Article 695c, 

Vernon's Texas Civil Statutes) Sections 12 and 20 provide, in part, 

as follows: 

"Sec. 12. Assistance shall be given under 

the provisions of this Act to any needy blind 

person who: 

11 

e e . 

“(6) Who is a citizen of the United States." 

"Sec. 20. Old Age Assistance shall be given 

under the provisions of this Act to any needy 

person: 

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Ron. Raymond W. Vowell,,page 5 (M-.1035) 

"(2) Who is a citizen of the United States 

or who is a noncitizen and has resided within the 

boundaries of the United States for at least twentyfive (25) years; and 

On the basis of the United States Supreme Court decision 

in Graham v. Richardson, et al. and Sailer, et al. v. Legar, et al., 

ez, et al. v. H ackney, et al. and 

t is our opinion that th t portion 

Texas Constitution and gections 

12 and 20 of the Public Welfare Act, 1941, as amended, Article 695c, 

Vernon's Civil Statutes, which make citizenship a qualification for 

the old age assistance and aid to the blind programs, are in violation of the Equal Protection Clause of the United States Constitution 

and encroach upon the exclusive federal power over the entrance and 

residence of aliens. There 1s no authorization in the Social 

Security Act for the durational residency requirement contained 

in Article III, Section 51-a of the Texas Constitution and Section 

20(2), Vernon's Civil Statutes. 

SUMMARY 

On the basis of the United States Supreme 

Court decision in Graham v. Richardson, et al., 

and Sailer, et al. v. Legar, et a 1 ., s ct 

1848, 403 U.S. 3b5 (19'/1) that portion oh A&.icle 

III, Section 51-a of the Texas Constitution and 

Sections 12 and 20 of the Public Welfare Act, 1941, 

as amended, Article 695c, Vernon's Civil Statutes, 

which make citizenship a qualification for the old 

age assistance and aid to the blind programs, are 

in violation of the Equal Protection Clause of the 

Fourteenth Amendment of the United States Constitution and encroach upon the exclusive federal power 

over the entrance and residence of aliens, There 

is no authorization in the Social Security Act for 

the durational residency requirement contained In 

Article III, Section 51-a of the Texas Constitution 

and Section 20(2), Article 695c, Vernon's Civil 

Statutes. 

truly yfurs, 

C. MARTIN 

ey General of Texas 
. . 

Hon. Raymond W. Vowell, page 6 (M-1035) 

Prepared by Ivan R. Williams, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Sig Aronson 

John Reeves 

Jerry Roberts 

R. D. Green 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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