Mr. W. R. Banks, Principal 

Prairie View University 

Prairie View, Texas 

Attention: Mr. T. R. Solomon 

Dear Sir: Opinion No. O-7316 

Re: Exemption from tuition 

fee of World War II 

Veterans attending State 

supported institutions of 

higher learning, related 

question. 

We acknowledge yo’ur letter dated July 1.8, 1946, 

wherein you request an opinion of this department on 

.the following quoted questions: 

"(1) May an honorably discharged veteran 

of World War II, with less than ninety days 

service (the time necessary to participate in 

the educational provisions of the 0. I. Bill, 

Public Law 346) be allowed under any existing 

state law to attend a state supported institution of higher learning without 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 save his eligibility for some future 

time at a professional or grad,uate school, 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 the Veterans 

Administration for tuition In his behalf. He 

desires to save this for future use at some 

other Institution where the tuitson is higher, 

his expenses greater, 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 institutions of higher learning, 

recorded as Article 265&b-1 in V.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 governing boards of the 

several institutions of collegiate rank, supported in whole or in part by public funds 

appropriated from the State Treasury, are 

hereby authorized and 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 charges whatsoever, including fees for 

correspondence courses; provided, however, 

that the foregoing exemption shall not be construed to apply to deposits, such as library, 

or laboratory deposits, 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, conditions and benefits hereinabove 

in this Article provided for in Section 1 and 

in Section 2 shall apply and accrue to the 
Mr. W. R. Banks, Page 3 

benefit of all nurses, members of the Women's 

Army Auxiliary Corps, 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 States Navy,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 present World War 

Number II, being the war now being prosecuted, 

and which was~.entered into on or shortly after 

December 7, 1941, by the United States of 

America against what are commonly known as 

the Axis Powers; provided, further, that all 

the above and foregoing persons named have been 

honorably discharged from the services In which 

they were engaged. And, provided further, 

that the benefits and provisions of this Act 

shall also apply and inure to the benefit of 

the children of members of the United States 

Armed Forces, where such members were killed 

in action or died while In the service. The 

provisions of this Act shall not apply to or 

Include any member of such United States Armed 

Forces, or other persons hereinabove named, 

who were discharged from the service in which 

they were engaged because of being over the age 

of thirty-eight (38) years or because of a 

personal request 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 provided hereinabove in Section 1 and Section 3 of this Article shall not apply to or include honorably 

discharged members of such United States Armed 

Forces, or other persons hereinabove named, 

who are eligible for education or training 

benefits provided by the United States Government under Public Law No. 16, 78th Congress, 

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 legislation that 

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 in V.A.C.S., 

reads in part as follows: 

"Section 3. The word 'State educational 

Institution' as used in this Act includes 

the following and any branch thereof: The 

University of Texas; The Agricultural and 

Mechanical College of Texas; 0 D . The 

Prairie View State Normal and Industrial 

College, . . On 

The name of Prairie View State Normal and Industrial College for colored teachers at Prairie View, was changed to 

Prairie View University by 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, Part VII-- 

Vocational Rehabilitation--provides in part as follows: 

'Any person who served in the active 

military or naval service at any time on or 

after September 16, 1940, and prior to the 

termination of the present war, who is honor- : 

ably discharged therefrom, and who has a dlsability incurred in or aggravated by such service for which pension is payable under laws 

administered by the Veterans Administration, 

or would be but for receipt of retirement 

pay, and is in need of vocational rehabllltation to overcome the handicap of such dlsability, shall be entitled to such vocational 

rehabilitation as may be pr,escribed by the 

Administrator of Veteran's Affairs to fit him 

for employment consistent with the degree of 

disablement: Provided, that no course of 

training in excess of a period of four years 
Mr. 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 present war. D D 0" 

Public Law No. 346, 78th Congress, as amended 

and recorded in 38 U.S.C.A., Chapter 12, Part VIII--Education of Veterans--provides in part as follows: 

nAny person who served in the active 

military or naval service on or after September 16, 1940, and prior to,the termination of 

the present war, and who shall have been discharged or released therefrom under conditions 

other than dishonorable, and whose education 

or trainingwas impeded, delayed, interrupted, 

or interfered with by reason of his entrance 

into the service. or who d.esires a refresher 

or retraining co&se, and who either shall 

have served ninety days or more, exclusive of 

any period he was assigned for 'a course of 

education or training under the Army specialized 

training program or the Navy college training 

program, which course was a continuation of 

his civilian course and was pursued to completion, or as a cadet or midshipman at one of 

the service academies, or shall have been 

discharged or released from active service by 

reason of an actual service-incurred injury 

or disability; shall be eligible for and 

entitled to receive education or training 

under this part; . . ." (Bmphaaia added) 

By express provisions of 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 training under 

the Army Specialized !PrainlngProgram or the Navy College 

Training Program, which'course nas a continuation of his 

civilian course and was purs,ued to completion, or as a 

cadet or midshipman at one of the service acadamies, or 

shall have been discharged or released from active service by reason of actual service-incurred injury or disability, shall be eligible for and .enl$tled to receive 

,education or training under this part . By virtue of the 
Mr. W. R, Banks, Page 6 

terms of this Federal Act only those veterans of World 

War II who have served at least ninety days or who were 

discharged before having served ninety days by reason of 

actual service-incurred injury or disability are entitled 

to the educational benefits provided therein. 

State legislation hereina~bove quoted which confers educational benefits 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 conferred upon 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 and were. 

not discharged because 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 discharged veterans of World War II, 

with less than ninety days service, the time necessary 

to participate In the educational benefits of Public Law 

No. 346, may under provisions of Article 265413-l, as 

amended, attend a State supported institution of higher 

learning ,without payment of tuition provided he was not 

discharged from the service because 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 

qualifications of the statute having been met. 

By express provisions of Section 4 of Article 

2654b-1, V.A.C.S., above quoted, the provided exemption 

from payment of tuition fee "shall not apply to or include 

honorably discharged members of such United States Armed 

Forces D D . who are eligible for education or training 

benefits provided by the United States Government under 

Public Law No. 16, 78th Congress, or amendments thereto, 

or under Public Law No. 346, 78th Congress, or amendments 

thereto, or any other Federal legislation that 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 World War 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 

institution of higher learning under any existing State 

law. 

Trusting the abov,e satisfactorily answers your 

inquiries, we remain 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

APPROVED AUG 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