### GENERAL E ORNEY

OF TEXAS
Ausnnr H.TEXAS

March 9, 

### 1962

Mr. LonE. Alsup Opinion No. WW-1274 Executive Secretary-Director State Commission for the Blind Re: Whether the State 201East 14th Street Commissin for the Austin, Texas Blind is permitted to provide eye surgery to achild living in Dear Mr. Alsup: El Paso whois analien.

Youhave asked this office for anopinion as to whether the State Commission for the Blind is permitted to provide eye surgery to achild living in El Paso who is analien. From your letter it is apparent that the child is residing with its parents, whohave never taken out naturalization papers.

The authority for the Commission to provide eye surgery is found in Article 3207c, Vernon's Civil Statutes. In Section 1thereof, the following definitions are found:

II

. . . "(d) 'Employment handicap' means aphysical or mental condition which constitutes, contributes to or if not corrected will probably result in an obstruction to occupational performance; "(e) 'Disabled Individual' means any person whohas asubstantial employment handicap; "(f) 'Blind' means aperson having not more than 20/200 of visual acuity in the better eye with correcting lenses; or visual acuity greater than 20/200 but with alimitation in the field of vision such that the widest diameter of the visual field subtends an angle nogreater than 20degrees; "(g) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any services, provided directly or through public or private?

Mr. LonE. Alsup, page 2(WW-1274)

instrumentalities, found by the Director to be necessary to compensate ablind disabled lndividual for his employment handicap, and to enable him to engage in aremunerative occupation Including, but not limited to, medical and vocational dlagnosis, vocational guidance, counselllng and placement, rehabilitation training, physical restoration,

. . .; 4,

. . .

“(i) ‘Physical restoration’ means any medical, surgical or therapeutic treatment necessary to correct or substantially reduce adisabled blind individual’s employment handicap within areasonable length of time Including, but not limited to, medlcal, psychiatric, dental and surgical treatment, nursing services, hospital care, convalescent home care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute ortransitory conditions; f, ,I

. . . Section 

### 8ofArticle 3207c, V.C.S., provides:
“Vocational rehabilitation services shall be provided to any blind disabled individual (1) who is aresident of the State at the time of filing his application therefor and whose vocational rehabilitation, the Director determines after full t;fe;;;g;tion, can be satisfactorily achieved, or

seligible therefor under the terms of an agreement with another State orwith the Federal Government: Provided, t~hat, except as otherwise provided by law or as specified In any agreement with the Federal Government with respect to classes of individuals certified to the Commission thereunder, the following rehabilitation services shall beprovided at public cost only to disabled blind indivlduals found to require financial assistance with respect thereto:

“(a) Physical restoration II,(.

.“ (Emphasis supplied)Mr. LonE.Alsup, page 

### 3(WW-1274)

Clearly, the above-quoted statute provides the Commission with authority to afford eye surgery as avocational ,rehabilitation service, provided that the blind person Is found to require financial assistance. Nothing In the statute would prohibit the rendering of this physical restoration to achild, if it were found by the Commission that neither the child nor his parents were able to undertake the financial burden Involved.

Asregards the alien status of the child, Section 

### 8ofArticle 3207, V.C.S., Imposes only the requirement that the blind disabled individual be "a resident of the State at the time of filing his application therafor and whose vocational rehabilitation, the Director determines after full investigation 4can be satisfactorily achieved." Black's LawDictionary, "residence" as: th Edition, defines the word "Afactual place of abode; living **in**a particular locality. It requires only.bodlly presence as an Inhabitant of aplace." "residence", In determining the meaning of

the Texas courts have followed the above definition. Brinkley v. State, 

### 53S.W.2d 830 (Civ.App. 1932); ,Cramerv. Graham, 264S.W.2d 135 (Clv.App. 1954, error ref.). Therefore, It would seem that the child would not bebarred from receiving the assistance of the Commission for the Blind by virtue of the fact that he is an alien. Aslong as said child is living In the locality, Andywas so living at the time ofmaking application for vocational rehabilitation, this office must hold that he has fulfilled the statutory requirement that hebe a "resident of the State"; and If the child fulfills the other requirements set forth in Article 3207c, V.C.S., he is fully entitled to the services of the Commission for the Blind.

SUMMARY

The mere fact that achild is an alien does not prey,ent him from being a"resident of the State within the meaning ofArticle 3207c, Section 8, Vernon's Civil Statutes, and the State Commission for the Blind is authorized to provide eye surgery if the child meets the other requirements set forth in the said Article 3207~.Mr. LonE.Alsup, page 4(WW-.1274)

Yours ve'ry truly,
WILLWILSON Attorney General ofTexas

VW byMalcolm L. Quick MLQ:kkc Assistant
APPROVED: OPINIONCOMMITTEE W.V.Geppert, Chaiman
Thomas Burros Jack Goodman Leon Pesek W.0. Shultz REVIEWEDFORTHEATTORNEYGENERAL BY: Houghton Brownlee, Jr.