Case Information
*1 Honorable Petriok D.JKoreland, Member
Texas Unemployment Compensation Commission
Austin, Texas
Opinion Ho. C-3248 Re: Ia 'Luther Livingston May8 at the present tJm8 a resident of the Stat8 of Texas, and haa he been a bone f 166, oiti~pn. ,therqof r0r at ~~leaat~ii~a o.oam4b 1. ..i y&m 5Eltmaatoly elatlvo prcraodixig thirr tuta., Dear Sir:
We have your request for an oplnlon of this depart- 8mnt'a8 to-wheth8rinth8r Livingtaton~Xay8 18 e b8na Sid8.' :oi$izen of pWa8 ana ha@ be88 8 bone Side oltiz8n of Texas ior i,
et 108Stl riro,b0nie0ut2v43 ,jrwir8 pn8odlng mh 6, 194l. Yoar latter of request rbaltes the ~'ollowing faatrt -.
wIt,is stated that Mr. M&a, who h88'livod
sd in auba,~Wxleo and~rarlouwof the Oariblman
and South Am8riaen~crountrl88. In his -ohllbhood, XPq Mq8 aooompanled hi8 parant to th&xrtation
in Ouba on.at 18eat one oooarloq Mrr~,N8y8* fath8r 'and moth8r are desoendants of en old-lltii+ '%~a8
family whlah.dat88 to th8 days oS..ths %x+88 R8 EUo.
Aa stat&, his rsthes has apent meet or i)iij &l F s ae a mireionary in the foreign eountr$sa m8ntiOn&
The family, however, is traditionally Texan.
-wlr. up w&. tsent to the University Of Ten~884M . in 1984, ta&q hia B. A. degr68.ther8fiOIll in ME% *2 Honorable Patriok D. Uareland, Page 8
u f&h&ran68 &f MS 8 duoat$on, he i~diataly ,:’ .. “. ~:..: ~‘. .:“,‘;-i:$‘i ~. entered the Unlvarsfty of Chioago, where he attended
until 1930, reoalvlng his M. A. bags88 therefrom.
Ha next attended the University of Illlnols, et Urbana, where In 1937 ha raaeivad his Ph. D. degree During his attendance at the last-mentioned Unlvar- slty, he wea the holder of a teaching fellowship, and uaa a laboratory assistant.
"Having thus prepared himself for the field of taeahiq, Mr. Epgys aaaeptad the assistant pro- fessorship of psyahology at Peylor University
whiohwae mentloned above, ih the year 1938. .,. ,*,ds,e ~8ppOrtuMty prasautad .ltraU durin'g
the period or his l du~stioni,.itri':.~ys‘.Tetant,bto
T6kkkci' his with' his .$adly; :Upon the .oooaalgn
of a raoatlon or,a la&e. or abionae,: auah i@SIia~ ware- m&de-i Thed -when '-hag noalved~hls .Ph; .D:;..'~ '~' dagrae, ha aoabptad %ha proiasaorship~.at Baylor
University, returning to Texas, Where he.,hasbean since that tima.W .i, .: ,.
Ue~ar8also~turnished with a~short~~~lattb;rifx%mMr.
Maya to Dr. iTo8tibh Tarborough., madIng.&& iollpiS:. vAstamy eltlzen8hlp, X am glad to state rants were natlve Taxane, that I was
that my
born in axas; and ~thai although I have.raeidad r
tampor8rily in other Iltatas, I have not per-
manently settled there. I have always Intended .to makrTaxas my pemanant home as Is evidanaed by my $rasent oitlzarmhip @ Waao.* _;..
The request ~dlaates that,your queatio~ arIaa bo- oausa of the raqulremant of Art1818 SSSlb, Varnon*~~Annatatad Civil Statutes, 8aatlon~8 (f). Thir Se&ion provides:
%o parson shall aver be av&oyed by the Unemployment Compenaatlon CJommlseion who is not
at the tlma of his employmqt a bona fide oltizen of the State of Taxaa or who will not have bean a bona fide oltlzan of the State of Texas for at
least fly+ (5) aonaeoutlve years lmmadiately next praoeding the date of employment.W
Honorable Pstriok.D,:Moreland, Page 3
Tlm:tsm!i%~ltkaB~, like *r&ldeht6 and'~dsmLMW!;~ is-not always .irpabX. of pnelii ds?5.nltlon, but may ins diiiarent alrotuastanaas be, *ad in dlffsrant senaits. The faota disolose'that Hr. 3Yays left the State~oftTeras in 1924 and from thattlma to IS- was in sohool in various lnstitu- tlons of hiphar learnine &Or the United States. So tar as our in?ormat.lon Eoas, he did not ~aaoapt employment In a oomwrolal sansai but yes angagsd In the. pursuit of hlqhar aduoatlon preparatory to a taachfng~~oaraar.
Tha ?ollowln~ rule is sot out in 19 Qsrpuz.Juris, 407, page 19, oonoerning the abaanae,?rom one*s.homa or domloile:
'If P pereon leaves his ho- or. domlalle for a Camporhry pqosa with ap ~~~tifm to .raturn, them l..no Qh.ng. or a.l@oll?.? ~' 1
This iabe' .mrthi~ substaitiated'by.fht3 oasti ig Sabriago, at. ux ia. WhIti; 50 Tsr. 5S3, in whlah the aourt msde the tollowing ~statemanti WIIo~length of absenoa ?rom~on~*e.domialle
,. ona*B pUrpo88 is to raturn tom it ap&rstas when ulsnge 0r dmloll..' a8 a In.19 6orpus Jaris 406, this IAna of raa~onliig la by the following 8fatomsntr supported
Vha orlglnel domlolle 18 not ohangsd svsn .&at a.xaan doe8 not nmsessrlly lo& his oltlsanshlp by moVlug to another stats lti ~shown by tha'opln%on of the Oourt in 74 Tex..Sup. Gt. Rap., 370, whlah raadst
WJW having ao ulrsd domloila doss not lose it without ramoval Loti lt with intent .to -turn, and the ssma rule 18 true ati to absndanmant 0i.a timeetaad onaa aoqaired.
"The burden of proo? in either oasa rests upon the person asserting the afiirmative of the propo- sltlon.W
H+zorable Patrick D# MO&land, Pags 4
In the oese ho? LumkIn.v. ?7Icholson, SO 8. W.~s@tB;:,_ ', . . writ OS error denied, It was held that there was some avldazice that the objeot of removal from the state was to obtain better aducatlonal ?aollitles ?or the children, that the widow had not antl~aly given up the intention of returning.to Texas, and that the~deoeaseb had stated his Intention of reserving hia home there as a "nest-age* for his family, the court hare held that the Plaintiff had not.abandoned the home. A person's legal residence or domicile is governed to a larce extant,by hIa intention..
The information furnished us coxitalned no statepent *. of overt eat 0s Mr. Xays 1 tandine to establish a change of his' domicile, alma the tlIpe he departed to attend the University or Tennessee. His latter .states that he resided temporarily In othar-ststeaj did not parmanantl~~~sattle there, bqt alwsys Intended to rake T+xss-,hIs pormanaut ;homs. We ars ?uFthar advlsad thst Nr. User+' ps&%n$s,dnd gra@dparsnts sra%!&Ivs .~ Texans and ~t-~.~hauj-qlw~~c~Ba~6d~~~~r manent home., Th$S.Ii h%wprrc
suppoetad ~by the ?a& that ha rsturnad to Taxae upon.'obtaiMng his Doctor*s deea, end has 8inOa that~tIma engaged In thatsadhing proiasslcn at Baylor.UnIvar- sity, It Is true that you have llttla evidenti g? ths
Intention of Mr. Hays during his absenoa ?romthe Statq @he. thsn his OOOS81OM1 return to the State on tisit8 apd hI8~8Mtod Intentlon of returning to.Taxas upon aomplstioq of~hls sdaaatIo&
We think that the provision requlrIng oltlzakilp ln Texas for a period or tlve oonsacutlvs years preosdlng the data o$ amploynmnt by ths Oommlsslon Wa8 IntarpCmed iorths ptmpO8e of prasaning tha employment by the UommIoelon to Taxens, Obviously, they rought to prevent tha~employznant of~trentilsnt workers ln the admInIstratIon of the Texas Unemployment Compan8atIon plan:
In opinion No. O-14= adtlrsised to Honorable ~0. XV 1. EllIngson under dat? of Daoamber 18, 1989, this departmant advised the inquirer that IS thhei parson Inquired about hsd at all tImas retained sn Intention of returning to Taxes as hla,plaoe of resldanaa that ha had maintained a lagal'rssldenoa in the atate of Textis for a period of two yearn prior to that time even though the man had left Texas aoma fi?taan years ago. *5 Honorable Patrlok D. Marelen8, pace 6
Wo are iuxther edvleed by you orally thmt the .~+,tr, Wo are iuxther edrleed by you orally thmt the .~+,tr, '- of Mr. Llvlxqston naves moved their 3.egal rbaldenas from:;-::: 5.2:: '- of Ms. Llvixqston naves moved their 3.egal rbaldenas from:;-::: 5.2:: ,, ‘. Texas, but retained their altizenshlp In Texas. Thla pre- '. Texas, but retained their altizenshlp In Texas. Thla pre- '.
eludes tiny oontentlon that the lo@ resldanoe was ohangad eludes tiny oontentlon that the lo@ resldanoe was ohangad during the minority of Mr. Xays. during the minority of Mr. Xays.
Again, we have ~urelg a iaot quoetion in the prewnt situation, abut oon&2erln~ the lntqtion of the Legislature In the paseae;a of thfs Section of tha Unemployment Compensa- tion Aot and the lntentlon of Mr. Mays as stated to you, we think they would suPport a findine that he has been a citizen of Texas for five oonsecutive years preceElnp the date of your lnc:ulry.
Yours very truly ATTOIWEY OENKRAL 08 TEXAS ,. ,., by S. .I&rrla~Hobges Assistant MEwaH
APPRCVEJ OPI1BICW C- HY s. ‘. Em?, a-,