Texas Attorney General Opinion: WW-1274 Page: 3 of 4
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Mr. Lon E. Alsup, page 3 (WW-1274)
Clearly, the above-quoted statute provides the Commission
with authority to afford eye surgery as a vocational rehabil-
itation 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 a child, if it were found by the Commission that neither
the child nor his parents were able to undertake the
financial burden involved.
As regards the alien status of the child,
Section 8 of Article 3207, V.C.S., imposes only the require-
ment that the blind disabled individual be "a resident of
the State at the time of filing his application therefor
and whose vocational rehabilitation, the Director determines
after full investigation can be satisfactorily achieved."
Black's Law Dictionary, 4th Edition, defines the word
"residence" as: "A factual place of abode; living in a
particular locality. It requires only bodily presence as
an inhabitant of a place." In determining the meaning of
"residence", the Texas courts have followed the above
definition. Brinkley v. State, 53 S.w.2d 830 (Civ.App.
1932); Cramer v. Graham, 264 S.W.2d 135 (Civ.App. 1954,
error ref.). Therefore, it would seem that the child would
not be barred from receiving the assistance of the Com-
mission for the Blind by virtue of the fact that he is an
alien. As long as said child is living in the locality,
and was so living at the time of making application for
vocational rehabilitation, this office must hold that he
has fulfilled the statutory requirement that he be 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 a child is an alien
does not prevent him from being a "resident
of the State within the meaning of Article
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 3207c.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1274, text, March 9, 1962; (https://texashistory.unt.edu/ark:/67531/metapth267887/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.