Published Thursday, July 19, 2007
Texas has a proud military heritage. From the Alamo to Baghdad, Texas veterans have served our country in every major conflict, in every corner of the globe.
Yet, Texas heroes like William B. Travis, John Bell Hood, Earl Rudder and Audie Murphy would shudder to think Texas is denying educational benefits to her veterans. Even combat veterans in harms way are barred from receiving certain Texas educational benefits under state law.
The law is called the Hazelwood Act and it exists in Section 54.203 of the Education Code. It exempts eligible military veterans from paying tuition and most fees at state colleges and universities. This educational assistance is extremely helpful to returning veterans anxious to enter or finish college to begin a career.
Yet, in the fine print, the Hazlewood Act only provides this benefit to veterans who are U.S. citizens residing in Texas at the time they joined the Armed Forces.
Problem is, there are more than 35,000 men and women in our Armed Forces — thousands of them from Texas — who are not U.S. citizens. They are called legal permanent residents, or “green card” holders. And they serve and fight and die — just like a U.S. citizen. Even if they become citizens after they join the military, they will still be denied because of their status upon joining the service.
This is not right and it is most likely unconstitutional.
Texas needs to amend the Hazelwood Act to ensure that any Texan who wears the uniform of the U.S. Armed Forces is entitled to the benefits reserved for them by the people of Texas.
Right now a lawsuit is working its way through the courts that may settle this question. The case involves two Gulf war veterans – both legal permanent residents – who were denied Hazelwood benefits because they had not yet become U.S. citizens when they joined the Army. They are both now citizens but have been rejected for the benefits afforded to their Gulf War buddies.
Do Texans really believe these veterans are somehow less worthy, or less deserving, of these benefits? Do we support the idea of a second-class veteran?
Here at the Texas Veterans Land Board, we provide the best veterans benefits of any state. All of our benefits, from low-interest loans to veterans’ homes and veterans’ cemeteries, are available to every legal resident Texas veteran regardless of their citizen status.
When I authored the Texas Concealed Handgun Law, I ensured that the law allowed permits to be granted to legal permanent residents as well as citizens. I did so because I believe the right to bear arms is a constitutional right that applies to every legal resident, whether or not they have achieved citizen status. After all, they are in America by choice, rather than by accident of birth.
By the same token, I believe the Equal Protection clause of Fourteenth Amendment also applies in this case. Every honorably discharged veteran should be treated equally under law, regardless of whether or not he or she is a citizen.
If a Texan is willing to pick up a rifle in defense of our country, then they deserve the financial, educational and social benefits their sacrifice demands.
After all, there is no higher qualification for citizenship than one’s willingness to lay down their life in defense of their country.
When it comes to veterans’ benefits, a Texas veteran should never be told, “heroes need not apply.”
Jerry Patterson is a former Marine and Vietnam Veteran. He was elected land commissioner in 2002 and again in 2006.
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