Mr. W. R. Banks, Principal PrairieView University PrairieView, Texas
Attention:Mr. T. R. Solomon

Dear Sir: OpinionNo. O-7316 Re: Exemption from tuition fee of World War II Veterans attending State supported institutionsof higher learning,related question.

We acknowledge **yo ’** **ur** letter dated July 1.8, 1946, wherein you request an opinion of this department on .thefollowingquoted questions:

"(1)May an honorablydischargedveteran of World War II, with less than ninety days service (thetime necessary to participate in the educationalprovisions of the 0. I. Bill, Public Law 346) be allowed under any existing state law to attend a state supported institution of higher learningwithout paying tuition?
"(2)May a veteran of World War II, honorably discharged, eligible to secure training under the 0. I. Bill, Public Law 346, **b,ut** desires to savehis eligibility for some future time at a professionalor grad,uateschool,be exempt from tuition in a state supported institution of higher learning ,under any existing state law? In this case the veteran does not want the institution to bill theVeterans Administration for tuition In his behalf. He desires to save this for future use at some other Institutionwhere the tuitson is higher, his expensesgreater, and his studies spread
over a long period of time."Mr. W, R. Banks, Page 2

Acts 1933, 43rd Legislature,First Called Session, page 10, Chapter 6, concerning the exemption of
war veterans from payment of tuition fees in State supported educational institutionsof higher learning, recorded as Article 265&b-1 inV.A.C.S., as amended by Acts 1943, 48th Legislature,page 568, Chapter 337, adding Section 3 and as amended by Acts 1945, 49th Legislature, page 552, Chapter 338, adding Section 4, reads in part as follows:

"Sec. 1. The governingboards of the several institutionsof collegiaterank, supported in whole or in part by public funds appropriated from the State Treasury, are hereby authorizedand directed to except and exempt all citizens of Texas,who have resided In Texas for a period of not less than twelve (12)months prior to the date of registration, and who served during the Spanish-American and/or during the World War as nurses or in the armed forces of the United States during the World War, and who are honorably discharged therefrom, from the payment of all dues, fees and chargeswhatsoever, including fees for correspondence courses; provided,however, that the foregoing exemption shall not be construed to apply to deposits, such as library,
or laboratorydeposits,which may be required in the nature of a security for the return of
or proper care of property loaned for the use of students, nor to any fees or charges for lodging, board or clothing. The governing boards of said instit,utions may and it shall be their duty to require every applicant claiming the benefit of the above exemption to submit satisfactory evidence that the applicant is a citizen of Texas and is otherwise entitled to said exemption. D D a'

"Sec. 3. All of the above and foregoing provisions, conditionsand benefits hereinabove in this Article provided for in Section 1 and in Section 2 shall apply and accrue to theMr. W. R. Banks, Page 3

benefit of all nurses, members of the Women's Army AuxiliaryCorps, Women's 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 StatesNavy,or the United States Coast Guard,who have, or are now serving, or who may after the passage of this Act, serve in the armed forces of the United States ofAmerica during the presentWorld War Number II, being the war now being prosecuted, and which was~.enteredinto on or shortly after December 7, 1941, by the United States of America againstwhat are commonly known as the Axis Powers; provided, further, that all the above and foregoing persons namedhave been honorably discharged from the services Inwhich theywere engaged. And, provided further, that the benefits and provisionsof this Act shall also apply and inure to the benefit of the children of members of the United States Armed Forces,where suchmemberswere killed in action or diedwhile In the service. The provisions of this Act shall not apply to or Include any member of suchUnited StatesArmed Forces, or other personshereinabovenamed, who were discharged from the service inwhich theywere engagedbecause of being over the age of thirty-eight (38) years or because of a personalrequest on the part of such,,person to be discharged from such service.

. .
'Sea. 4. The exemption from the payment of dues, fees, and charges as providedhereinabove in Section 1 and Section3 of this Article shall not apply to or includehonorably dischargedmembers of such United StatesArmed Forces, or other personshereinabovenamed, who are eligible for education or training benefitsprovidedby the United States Government under Public Law No. 16, 78thCongress,
or amendments thereto, or under Public Law No. 346, 78th Congress, or amendments thereto,Mr. W. R. Banks, Page 4

or under any other Federal legislationthat may be in force at the time of reglstratlon in the college concErned of such ex-service
man or woman.
. . .
Acts 1927, 40th Legislature,page 351, Chapter 237, Section 3, recorded as Article 2654a inV.A.C.S., reads in part as follows:

"Section3. The word 'Stateeducational Institution'as used in this Act includes the following and any branch thereof:The University of Texas; The Agricultural and MechanicalCollege of Texas; 0 D

.The PrairieView State Normal and Industrial College,

. . On

The name of PrairieView State Normal and IndustrialCollege for colored teachers at PrairieView, was changed to PrairieView Universityby Acts 1945, 49th Legislature, page 506, Chapter 308; Article 2643a, Section 1,V.A.C.S.

Public Law No. 1.6, 78th Congress, as amended and recorded in 38 U.S.C.A.,Chapter 12, PartVII-- VocationalRehabilitation--providesin part as follows:

'Anypersonwho served in the active military or naval service at any time on or after September 16, 1940, and prior to the termination of the presentwar, who is honor- : ably discharged therefrom,and who has a dlsability incurred in or aggravatedby such service for which pension is payable under laws administeredby theVeterans Administration,
or would be but for receipt of retirement pay, and is in need of vocationalrehabllltation to overcome the handicap of such dlsability, shall be entitled to such vocational rehabilitationas may be pr,escribed by the Administrator of Veteran's Affairs to fit him for employment consistentwith the degree of disablement: Provided, that no course of training in excess of a period of four yearsMr. W. R. Banks, Page 5

shall be approved nor shall any training under this part be afforded beyond six years after the termination of the presentwar. D D 0"

Public Law No. 346, 78th Congress, as amended and recorded in 38 U.S.C.A., Chapter 12, PartVIII--Education ofVeterans--provides in part as follows:

nAnypersonwho served in the active military or naval service on or after September 16, 1940, and prior to,the termination of the presentwar, and who shall have been discharged or released therefromunder conditions other than dishonorable,and whose education
or trainingwas impeded, delayed, interrupted,
or interferedwith by reason of his entrance into the service. or who d.esires a refresher
or retraining co&se, and who either shall have servedninety days or more, exclusive of any period he was assigned for 'acourse of education or training under the Army specialized trainingprogram or theNavy college training program, which coursewas a continuation of his civilian course and was pursued to completion, or as a cadet or midshipmanat one of the serviceacademies, or shall have been dischargedor released from active service by
reason of an actual service-incurredinjury
or disability; shall be eligible for and entitled to receive education or training under this part;

. . ." (Bmphaaiaadded)

By express provisionsof Public Law No. 346, as amended, only those veterans of World War II 'who shall have served ninety days or more, exclusive of~any period he was assigned for a,course of education or trainingunder the Army Specialized !PrainlngProgramor the Navy College Training Program,which'coursenas a continuationof his civilian course and was purs,ued to completion,or as a cadet or midshipmanat one of the service acadamies, or shallhave been dischargedor released from active service by reason of actual service-incurredinjury or disability, shall be eligible for and .enl$tledto receive ,education

or trainingunder this part

. By virtue of theMr. W. R, Banks, Page 6

terms of this Federal Act only those veterans of World War IIwho have served at least ninety days or who were dischargedbefore having served ninety days by reason of actual service-incurredinjury or disabilityare entitled to the educationalbenefits provided therein.

State legislationhereina~bove quotedwhich confers educationalbenefits on veterans of World War II makes
no requirement as to term of service the veterans must have served in the armed forces before he shall be entitled to the benefits conferredupon him therein. Article 2654b-1 as amended, states in substance that the benefits provided therein shall apply and accrue to all members of the United States Armed Forces provided that said persons have been honorably discharged from the service andwere. not dischargedbecause of being over the age of 38 years or because of a personal request on the part of such person to be discharged from such service.

Our answer, therefore, to your first question is that honorably dischargedveterans ofWorld War II, with less than ninety days service, the time necessary to participate In the educationalbenefits of Public Law No. 346, may under provisions of Article 265413-l, as amended, attend a State supported institutionof higher learning ,withoutpayment of tuition providedhe was not discharged from the servicebecause of being over the age of 38 years or because of a pe'rsonal request on the part of such person to be discharged from such service, other qualificationsof the statutehaving been met.

By express provisionsof Section 4 of Article 2654b-1,V.A.C.S., above quoted, the provided exemption from payment of tuition fee "shallnot apply to or include honorably dischargedmembers of such United States Armed Forces D D

.who are eligible for education or training benefits providedby the United States Governmentunder Public Law No. 16, 78th Congress, or amendments thereto,
or under Public Law No. 346, 78th Congress, or amendments thereto, or any other Federal legislationthat may be enforced at the time of registration in the college concerned of such ex-service man or woman".

Our answer, therefore, to your second question is that a veteran of World War II, honorably discharged, eligible to secure training under Public Law No. 346, 78th Congress, as amended, is not entitled to the benefits. . Mr. W. R. Banks, Page 7

conferred on veteran's of WorldWar II under the State statute,Article 2654b-1,V.A.C.S., as amended, and is not exempt from payment of tuition in a state supported institutionof higher learningunder any existing State law.
Trusting the abov,e satisfactorilyanswersyour inquiries,we remain

Very truly yours

ATTORNEY GENERAL OF TEXAS

APPROVEDAUG 9, 1946
/s/ Carlos Ashley

FIRST ASSISTANT ATTORNEY GENERAL

CEO-bw:am By /s/ Chester E. Ollison

Ch,ester

E. Ollison Assistant

APPROVED OPINION COMMITTEE

By /s/ B.W.B. Chairman