Texas Attorney General Opinion: M-1035 Page: 5 of 6
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. 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 twenty-
five (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.,
and the judgment entered in the Perez, et al. v. Hackney, et al. and
Salazar v. Hackney, et al. cases, it is our opinion that that portion
of Article LL, .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 viola-
tion 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 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), Vernon's Civil Statutes.
SUMMAR Y
On the basis of the United States Supreme
Court decision in Graham v. Richardson, et al.,
and Sailer, et al. v. Legar, et al., 91 S.Ct.
1848, 403 U.S. 3b5 (1971), that portion of Article
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 Constitu-
tion 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.
V truly yurs
A RD C. MARTIN
Att ney General of Texas
-50 -
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: M-1035, text, December 30, 1971; (https://texashistory.unt.edu/ark:/67531/metapth270265/m1/5/?rotate=90: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.