The opinion
r .
THEATTORNEY GENERAL
OFTEXAS
AUSTIN II.TEXAS
April 26, 1961 '
Honorable Tom Blackwell OpinionNo. WW-1042
County Attarney
Travis County Re:~ Whether a minor who has not
Austin, Texas been domiciled in Texas for
a period of one year may be
admitted to a special school
operated by the Board for
Texas State Hospitals and
Special Schools upon appli-
cation of his guardian who
has resided and been domi-
ciled in Texas for more
Dear Mr. Blackwell: than a year?
You have requested an opinion as to whether a minor
who has not been domiciled in Texas for a period of one year
may be admitted to a special school operated by the,Board for
Texas State Hospitals and Special SchooWupon application
of his guardian who has resided and been domiciled,in~Texas
for more than a year.
Under Article 3871b, Vernon's Civil Statutes, ad-
mission of a mentally retarded person to a special school
operated by the Board for Texas State Hospitals and Special
Schools is effected by an application for the admissionof
such person "to the Jurisdictionof the Board." Relevant
portions of Article 3871b are as follows:
"Section 1.~ This ,Act may be referred to
as 'The Mentally Retarded Persons Act.'
"Sec. 2. It is the purpose of this Act
to afford mentally retarded Texas oltizens an
opportunity to develop to the fullest practi-
cable extent the,irrespective mental capacities.
" Sec. 3. As used in this Act:
“(1) 'Mentally retarded person' means any
person, other than a mentally ill person, so
mentally deficient from any cause as to require
Honorable Tom Blackwell, Page 2. (WW-1042)
special training, education, supervision, treat-
ment, care or control for his own or the com-
munity's welfare.
"(2) 'Texas citizen' means a person who
has resided in this State for at least twelve
months next preceding the date on which deter-
mination is made of whether he is a Texas citi-
zen, or a minor whose parent or guardian has
been domiciled in Texas for a like period.
"(3) 'Board' means the Board for Texas
State Hospitals and Special Schools.
1,. . .
"Sec. 4. Mentally retarded persons shall
be admitted to the Jurisdiction of the Board b$
the procedures prescribed in this Act. . . .
Section 4 of this Article purports to make admission
to the Jurisdiction of the Board available to any mentally re-
tarded person, as defined in Section 3, Subsection (1). Sec-
tion 2 raises a question as to whether such admission is
limited to a sub-class of mentally retarded persons, namely,
mentally retarded Texas citizens, as Texas citizenship is de-
fined in Section 3, Subsection (2). We need not undertake
to answer that question, since the minor in the present case
is both a Texas citizen, as defined in Subsection (2) of Sec-
tion 3, and a mentally retarded person as mentioned in Sec-
tion 4, and so in any ever&is eligible for admission to the
jurisdiction of the Board upon the proper finding of mental
retardation.
S U M~,MA R Y
A minor who has not been domiciled
in Texas for a period of one year
may be admitted to a special school
operated by the Board for Texas State
Hospitals and Special Schools upon
application of his guardian who has
resided and been domiciled in Texas for
more than a year.
Very truly yours,
LH:hmc:zt
- .
Honorable Tom Blackwell, Page 3. (VW-1042)
APPROVED:
OPINION COMMITTEE
W. V.dSppert, Chairman
Glenn Brown
Houghton Brownlee, Jr.
John Leonarz
REVIEWED FOR THE ATTORNEY GENERAL
BY: Morgan Nesbitt