Created in 1929, the Hazelwood Act allows, “qualified veterans and dependent children of certain disabled or deceased veterans from specific tuition and fee charges at public institutions of higher education in the state of Texas. The exemption is for a maximum of 150 credit hours and may be awarded regardless of financial need and is not available to spouses of veterans,” according to the VA website.

But a recent ruling might leave Texas public institutions stuck with the bill.

Jennifer Reiley reports for Texas A&M University’s campus paper, The Battalion:

What’s up with Hazlewood?

A federal judge’s ruling could cost Texas universities millions of dollars in out-of-state veterans tuition exemptions, leaving Texas A&M to wonder where the funding will come from.

Students attending A&M under the Hazlewood Act — including those who stand to benefit from its possible expansion — expressed mixed feelings about the situation.

About 1,100 veterans attend Texas A&M, said Col. Jerry Smith, director of the Veterans Resource and Support Center.

Delisa Falks, executive director of scholarships and financial aid, said 1,808 students, veterans and dependents included, are exempt under Hazlewood.

The Hazlewood Act, created in 1929, today allows veterans and their dependents to receive up to 150 semester credit hours free. The wording of the act requires that veterans have enlisted in the military while living in Texas.

A ruling by U.S. District Judge Ewing Werlein Jr. at the end of January, however, ruled this part of the act unconstitutional, stating that veterans and dependents should be able to qualify no matter what state they were in when they enlisted.

So far the ruling only applies to plaintiff Keith Harris’ individual case for the payment of his tuition at the University of Houston. Harris enlisted in the military in 1996 while living in Georgia, but has been a Texas resident since 2004. Harris’ argument said under the Equal Protection Clause of the U.S. Constitution’s 14th Amendment, the line restricting the Hazlewood Act to Texas-enlisted veterans should be unconstitutional.

If the decision is upheld it could lead to an expansion on the act that would make the exemption more expensive for Texas universities. The state’s appeal is pending, most likely until a federal appellate court weighs in.

Joe Pettibon, associate vice president for academic services in the Office of the Provost, said no money from Hazlewood goes to the university, unlike a scholarship. Those who qualify for Hazlewood simply don’t have to pay for tuition and fees.