The Texas Attorney General’s Office today presented oral arguments in the U.S. Court of Appeals for the 5th Circuit defending the state’s Hazlewood Act, which provides financial support for Texas veterans to pursue higher education within the state. Deputy Solicitor General Matthew Frederick presented arguments on behalf of the state.
“The Hazlewood Act provides an important benefit to Texans who make the choice to serve our nation and put their lives on the line to protect our freedoms,” Texas Attorney General Ken Paxton said. “It’s just one way that Texas gives back, while also helping us keep the valuable skills and experience these veterans offer in our state. However, if Texas is forced to expand the law beyond current eligibility requirements, the entire program will be at stake. We must preserve the Hazlewood Act as it is in order to ensure its financial sustainability, so the state can continue providing this benefit to Texas veterans.”
“The Hazlewood Act creates an incentive for Texas residents to graduate high school, join the military and pursue their education. Targeting the benefit to Texas residents is a rational way to maximize the return on the state's investment because it focuses what is a portable educational benefit on those who are most likely to stay in Texas after they graduate,” Frederick told the Court.
The Hazlewood Act was first enacted in 1923 and grants a college tuition exemption to veterans who enlisted while residing in the state. Eligible veterans, and in some cases their children or spouses, may obtain up to 150 hours of tuition-free college credit under the law, provided they are not already receiving federal benefits covering their tuition and fees.
At issue in this case is the Act’s central eligibility requirement, which limits Hazlewood benefits to veterans who resided in Texas at the time of enlistment. Invalidating this requirement would result in an enormous expense to the state, and would be contrary to the legislative intent of the Act. Current estimates make it clear that the program would be financially unsustainable if it were expanded beyond its current eligibility requirements, more than quadrupling the costs absorbed by higher education institutions every year.
The law incentivizes Texas youth to graduate, serve in the military and return to the state to contribute their skills to the Texas economy and culture. The legislature never intended to incur the enormous fiscal burden of extending tuition exemptions to every veteran who moves to Texas. Rather, the text and history of the statute demonstrate the legislature’s desire to offer a targeted benefit to those veterans more likely to stay in Texas after taking advantage of the program.