Texas Attorney General Opinion: JM-367 Page: 1 of 8
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The Attorney General of Texas
JIM MATTOX October 22, 1985
Attorney GeneralSupreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
5121475-2501
Telex 9101874-1367
Telecopler 512/475-026
714 Jackson, Suite 700
altas, TX. 75202-4506
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
915/533-3484
, 1 Texas, Suite 700
Houston, TX. 77002-3111
713223-5888
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
806747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
512/1682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerHonorable Lloyd Cris
Chairman
Committee on Labor aid
Employment Relat Lons
Texas House of Repr;entatives
P. 0. Box 2910
Austin, Texas 7879)Opinion No. JM-367
Re: Residency status of a student
whose parent is assigned out of
state by the United States Public
Health ServiceDear Repesentative C:ris:
You advise us that a commissioned officer of the United States
Public Health Servt Le has contacted you for clarification by this
office of the Texas residency requirements for purposes of resident
tuition at state institutions of higher education. The Public Health
Service officer has been assigned to duty in Maryland since 1982. We
understand that both before and after her entry into the Public Realth
Service, and until, L982, the officer had resided for many years in
Galveston, Texas. A state university has classified the officer's
daughter as a nonresiLdeut student for tuition purposes.
The Texas Education Code makes a distinction between residents
and nonresidents of the state in prescribing the rates of tuition for
students registering at the state's institutions of higher education.
Educ. Code 154.051. The code specifies that for tuition purposes
"residence" means "domicile." Id. 154.052(a). An individual who is a
dependent and whose family is domiciled in another state is classified
as a nonresident student. Id. 654.052(c). The issue in question is
whether Texas is the domicile of the Public Health Service officer who
was assigned to duty in Maryland in 1982 and involves fact questions
which we cannot c;lategorically answer in the opinion process. We
conclude, however, that for tuition purposes a Public Health Service
officer does not Icse a domicile or acquire a new domicile solely by
reason of the fact lhat the officer is involuntarily transferred to or
stationed in line o:" duty in a place outside of Texas.Section 54.053 of the Education Code provides that each institu-
tion required to clhrge a nonresident tuition fee is subject to the
rules, regulations, and interpretations issued by the Coordinating
Board, Texas College and University System, for the administration of
the code's nonresident tuition provisions. The Coordinating Board'sp. 1681
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-367, text, October 22, 1985; (https://texashistory.unt.edu/ark:/67531/metapth272807/m1/1/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.