The Honorable Bill Presnal 

Chairman 

opinion NO. H-761 

House Appropriations Committee Re: Tuition exemptions 

Howe of Representatives for World War II veterans. 

P. 0. Box 2910 

Austin, Texas 70767 

Dear Chairman Preenal: 

You have requested our opinion on a number of questions 

regarding the eligibility of World War II veterans for 

tuition exemption at state institutions of higher education, 

pursuant to section 54.203 of the Education Code. Specifically, you ask: 

1. Whether there is a minimum requirement for time served in the military 

during World War II for eligibility 

for 

2. 

the 

3. 

the tuition exemption. 

What constitutes 'service' in 

armed forces during World War II. 

Whether a personal request for ._. . _. release from military SerViCs during 

World War II constitutes a basis for 

disqualification from tuition exemption eligibility regardless of the 

time served prior to the request for 

release. 

4. Whether a veteran must have been 

eligible for or received G.I. educational benefits from the federal 

government in order to be eligible 

for the tuition exemption. 

p. 3214 
The Honorable Bill Presnal - page 2 (H-761) 

Section 54.203 of the Education Code provides that the 

governing board of each institution of higher education 

shall exempt certain persons from payment of tuition and 

other fees, provided such persons were "citizens of Texas at 

the time they entered the services indicated and have resided 

in Texas for at least the period of 12 months before the 

date of registration." .The"category of exempt persons 

pertinent to this inquiry includes 

all nurses, members of the Women's 

Army Auxiliary Corps, members of 

the Women's Auxiliary Volunteer 

Emergency Service, and all honorably 

discharged members of the armed 

forces of the United States who 

served during World War II except 

those who were discharged from 

service because they were over the 

age of 38 or because of a personal 

request on the part of the person 

that he be discharged from service. . . . 

Sec. 54.203(a) (2). 

As to your first question, it is clear that the statute 

does not establish a minimum requirement for time served 

during World War II. Subject to two exceptions, it provides 

for tuition exemption to all "who served during World War 

II. . . ." (Emphasis added). In contrast, a subsequent 

portion of the statute requires a minimum of 160 days service 

in order for any post-Korean War veteran to qualify for the 

exemption. Sec. 54.203W (4). Since the statute thus fixes 

a minimum length-of-service requirement for certain veterans 

but not for others, we believe it is reasonable to conclude 

that the Legislature did not intend such a requirement to 

apply to the latter group. 

We are supported in this conclusion by Attorney General 

Opinion O-7316 (1946), wherein this Office was asked whether 

an honorably discharged veteran with less than 90 days 

service was eligible for the tuition exemption provided by 

article 2654b-1, V.T.C.S., the predecessor of section 54.203. 

It was there said: 

po 3215 
. . 

The Honorable Bill Presnal - page 3 (H-761) 

State legislation hereinabove 

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 benefito~,~~~ 

conferred upon him therein. Article 

~,, 2654b-1 as amended, states insubstance that the benefits provided ,,' ,, 

therein shall apply and accrue to 

all members of the United States 

Armed Forces provided that such 

persons have 'been honorab,ly 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. 

It is therefore our op'inion that there is no minimumrequirement for time served in the military during World War II in 

order for an individual to qualify for the tuition provided 

by section 54.203 of the Education Code. 

YOU also ask what constitutes "service" in the armed 

forces during World War II. Although there appear to be 

,only two reported cases which have addressed thia question, 

they are in agreement that a ,person is "in military service" 

from the time he is sworn in. 

'Life Ins. Co. 44 A 2d 907 ,(N ,+%?$?%&::";::::':;;5) 

md- A;2d 2 (N:J. Sup. 194;); Dew v- Davis, 222 P. 756 

(Wan. Sup. 1924). Accordingly, it Four aon that our 

courts would probably hold that a person has "served" in the 

armed forces during World War II for purposes of sect'ion 

54.203, if he was a member thereof for any length of time, 

beginning at the moment he was sworn in. 

p. 3216 
_.- ,-,., 

. ’ 

The Honorable Bill Presnal - page 4 (H-761) 

Your third question inquires about the disqualification 

from tuition exemption which section 54.203 makes applicable 

to persons who were discharged as a result of their own 

personal request. The statute provides in clear terms that 

such persons are disqualified, and it makes no exception on 

the basis of their length of prior service. As the court 

[Wle are 'dealing with restrictions 

and conditions imposed by the very 

statute which creates the right, 

and those reatrictiona and conditions 

may not be relaxed or modified to 

avoid what may appear to be too 

strict or narrow a rule in a particular case. 

See also Chambers v. Robison, 179 S.W. 123, 124 (Tex. Sup. 

n15); cf. AttorneyGmOpinion O-7021 (1946). We are 

thereforeof the opinion that a discharge from service in 

satisfaction of a personal request for release from military 

service during World War II constitutes a basis for disqualification from tuition exemption eligibility,~ regardless of 

the time served prior to the request for release. 

Finally, you ask whether a veteran must have been 

eligible for or received G.I. educational benefits from the 

federal government in order to be eligible for the tuition 

exemption. Subsection (d) of section 54.203 provides: 

The exemption from fees provided for 

in Subsection (a) of this section 

does not apply to a person if at the 

time of his registration he is eligible 

for educational benefits under federal 

legislation in effect at the time of 

his registration. A person is covered 

by the exemptions if his right to benefits 

under federal legislation is extinguished 

at the time of his registration. 

p. 3217 
.,,,,,.,_.,.. ~._~. .~ -,,. ~ ,-_.. ..--.~.~- .-.-..,,.---..,.,... - 

. . 

The Honorable Bill Presnal - page 5~ (H-761) 

The statute does not require that a person have ever been 

eligible for G.I. benefits in order to qualify for the 

tuition exemption. Although it specifically declares to be 

eligible a person whose "right to benefits under federal 

legislation is extinguished at the time of his registration," 

we do not believe the implication to be that persons who 

were never eligible for federal benefits are not covered by 

the exemption. (Emphasis added). See Attorney General 

Opinion V-688 (1948). Accordingly,If is our opinion that a 

veteran need not have been eligible for nor received G.I. 

benefits from the federal government in order to qualify for 

the tuition exemption of section 54.203. 

SUMMARY 

There is no minimum requirement for 

time served in the military during 

World War II in order for an individual 

to qualify for the tuition exemption 

provided by section 54.203 of the 

Education Code. A discharge in satisfaction of a personal request for release 

from military service during World War II 

constitutes a basis for disqualification 

from tuition exemption eligibility under 

section 54.203, regardless of the time 

served prior to the request for release. 

A veteran need not have been eligible for 

or received G.I. educational benefits from 

the federal government in order to qualify 

for the tuition exemption of section 54.203. 

-Very truly yours, 

Attorney ~General of Texas 

p. 3218 
The Honorable Bill Preanal - page 6 (~-761) 

APPROVED :

Opinion Comn littee 

jwb 

p. 3219