Untitled Texas Attorney General Opinion ( 1952 )

Hon. C. H. Cavness Opinion V- 1507
State Auditor
Austin, Texas Re: Legality of including "G:I."
(Teague Bill) students in
calculating the apportion-
ment of public junior col-
.lege'appropriati.ons,Land'
the legality of afmltting
;;:;~a;~;;;,;;~;; o;;z;
Dear Sir: tuition r.atesi
,We refer to your recent request addressed to
this office which reads as follows:
“i. We shall appreciate yo'uradvising
us If in,yo.uropinion funds a,ppropriatedIn
Article IV, House Bill 426 of the 52nd Legis-
lature, may be. apportioned and paid to the
Public Junior Colleges enumerated therein for
semester hours being taken during the coming
1952-1953 school year by students who are
receiving education allowancesbenefits from
the Federal Government as provided in H. R
7656, 82nd Congress, Second Session, That
Act Is known as 'Veterans Readjustment As-
sistance Act of 1952.'
'We quote herewith another question on
the n.ewG.I. Bill from one of the State Col-
leges (Senior) and,ask your opinion directly
on it - of course all State Colleges will,be
affected, This ia:
'A question has arisen concerning
the provisions of the new G.1. Bill
for education of Korean veterans. Is
it your Interpretation that an out of
state student who is a. Korean veteran
,will pay the out of state tuition If
he elects to attend a Texas State Sup-
ported Instlt,utlon? A student whose
Hon. C. H. Cavness, page 2 (V-1507)
home is in another state has made
application for admission to Texas
~College of Arts and Industries at
the beginning of the coming fall
semester and has objected to the
payment of an o,ut-of-statefee on
the ground that he is a Korean vet-
eran."
Article IV of House Bill 426, Acts 52nd Leg.,
R.S. 1951, ch. 499, pm 1228, at page 1443, provides
lump sum appropriations forthe:biennlum (September 1,
1951, through August 31, 1953), and for the apportionment
thereof to the public junior colleges listed therein which
qualify under its provisions. Section 4 of Article IV,
supra, provides as follows:
"The funds herein appropriated shall
be disbursed to the Public Junior Colleges
which qualify to rece,iveIt on the basis
Of . . .($189) per capita for each full-
time student equivalent enrolled in approved
courses of study, OP proportionately if the
total appropriation made by this Article
should be insufficient to provide the full
. . . ($189) per capita.
"The term 'full-time student equlva-
lent' as herein used shall be defined as
a student taking fifteen (15) semester
hours of approved courses; and the number
of full-time student equivalents for any
Junior College to be benefitted'by this
Article shall,be determined by dividing
by fifteen (15) the total number of semes-
ter hours of approved courses carried by
all eligible students as of November 1st in
each fiscal ear, except that not more than
eighteen (18";semester hours being carried
on that date by any individual student shall
be co,unted,nor shall the semester hours
carried by any student in excess of a total
of sixty-six (66) semester credit hours
earned in a Public Junior College be
counted; and provided further that the
count;oO semester hours shall not include
those being carried by any students who
have not made timely compliance with the
. requirements of Section 3 (a) above, -nor
Hon. 6. H. Cavness, page 3 (V-1507)
those being
cept Vocatio
tuition and fee expenses are paid by the
United States Government.!'(Emphasis
added throughout.)
Section 3 referred to in the quoted,Section 4
reads as follows:
"It is further provided that to be
eligible for and to receive a proportion-
ate share of this appropriation a Public
Junior College shall:
"(a) Prior to November 1st of each year,
collect matriculation and other session
fees not less than the amounts provided Tgr
by law for State-supported institutions of
higher learning (for full-time and for part-
time students from each enrolled student)
,&t. 2654c, V.C.S.7, except this shall not
apply to any studeTitwho may be exempt from
the payment of such fees by State law f&t.
2654b-1, V.C.S,7; e . *'I
Thus, in this statutory formula for proportlon-
ate disbursement of the Junior college appropriations,
it is provided that the count of semester hours required
therein shall not include those semester ho.urscarried
by any students whose tuition and fee expenses are paid
by the United States Government, except vocational re-
habilitants.
In 1943 Section 3 of Article 2654b-1, V.C.S.,
was enacted. This statute exempted from the payment of
tuition at our public Institutions of collegiate rank
veterans of the armed services of World War II, as
designated therein, who were citizens of Texas, honor-
ably discharged, and who had not been discharged on
personal request or because over the age of thirty-
eight years. But in 1945, after the passage of Public
Law 346, 78th Congress, bestowing Federal ed,ucational
benefits on certain veterans of the armed services of
World !#arII, Section 4 of Article 2654b-1, V.C.S.,
was enacted, which provides in part as follows:
"Sec. 4. The exemption from the payment
of dues, fees and charges as provided herein-
above In Section land Section 3 of this
‘.
Horn.C, H. Cavness, page 4 (V-1507)
Article ,&t-. 2654b-1, V.C.S.7 shall ,not
apply to or lnclude~honqrabl~ discharged
members of such United States Armed Forces,
or ,otHer persons hereinabove named, who are
eligible for education or training benefits
provided by the United States Government
under Public Law No, 16, 78th Congress,
f-vocational rehabllltants7, or amendments
thereto, or'under Public-Law No: 346, 78th
Congress fi,I, Bill7 or amendments thereto,
or under any other-Federal legislation that
may be in force at the time of registration
in the college concerned of such ex-service
Oman or woman- As to all ex-service men or
women as defined In this section, the govern-
ing boards of each of the several institu-
tions of collegiate rank, supported In whole
or in part by public funds appropriated from
the State Treasury, are hereby authorized
to enter Into contracts with the Unlted
States Government, or any of its agencies,
to furnish .instructlonto such ex-service
men and women at a tuition rate which covers
the estimated coat of such Instruction or,
in the alternative, at a tuition.rate of
. ($100.00) a semester, as may be deter-
mined by the governlnfiboard of 'the institu-
tion concerned; 1 . .
See also paragraphs 2 and 4 of Section 1 of
Article 2654c, as amended in 1947 by House Bill 507, Acts
50th Leg., R.S., 1947, ch. 218, p* 389, each containing
the following provision:
I9
: . ,>provided that the nonresident
registration fee may within the discretion
of said governing'board be charged the
United States Government for veterans en-
rolled under the provisions of any Federal
law and regulations authorizing education1
or tre$nlng benefits for said veterans,
9,i c
Section 4 of Article 2654b-1 specifically con-
cerns veterans entitled to "GoI." Bill lP.L, 346) educa-
tional benefits, and.the manifest purpose of that law was
to allow,the several public Institutions of oollegiate
rank in Texas to realize tuition payments from the Govern-
ment on such veterans, Att'y Gen, Op. V-688 (1948).
H0n.C.. H. Cavness, page 5 (V-1507)
Therefore, it seems,reasonable to suppose that.the .Legis-
lature,~when it incorporated in the j.uniorcollege ap-
propriation (Art. ,IV of H. B. 426, supra) that provision
prohibiting the inclusion of semester hours of veterans
whose education is paid for by the Government, had in
mind only the educational benefits afforde~diveterans
under Public Law 346 or some other law'provlding for sim-
ilar tuition payments by the Government. Tuition pay-
ments under Public Law 346 are governed by the following
provisions (see 38 U.S,C.A. 1951 pocket part, p. 248,
Veterans Regulations):
"The administrator shall pay to the eduea-
tional or straininginstitution , . '; for each
person enrolled infull time or part time course
of education or training, the customary cost of
tuition, and such laboratory, library, health,
infirmary,~and other similar fees as are custo-
marily charged,,and may pay for books, supplies,
equipment, and other necessary expenseg,,e,x-
elusive of,,borird,
lodging, other liv$ng expenses,
and travel, a$sare generalfy .requiredfor:the
successful pursuit and completion of the'course
by other students in the institution: Provided,
That in no event shall such ayments, with re-
spect,to any person, exceed $500 for an ordinary
school year unless .the veteran elects Bo have
such customary charges paid in excess :oP such
limitation, in which event there shell be charged
against his period of eligibility the proportion
of an ordinary school year which such excess
bears to $500: . _ . And ,providedfurther, That
any lnstitutiqnmay app,lyto the Administrator
fouran.adjustment of tuition and the Admlnis-
trator, if he finds that the customary tu.&tion
charges are insufficient to permit the'insti-'
tution to furnish education or training to
eligible veterans, or Inadequate compensation
therefor, may provide for the payment of such
fair and reasonable compensation as will not ex-
ceed the estimated cost of teaching personnel
and supplies for inatrnct-ion;and may in like
manner readjust such payments from time to time.
. . . in the computation of such estimated cost
of teaching personnel and auppl1ea for instruc-
tion in the case of any nonprofit educational
institution, no reduction shall be made by
reason of any payments to such Institution from
State or municipal or other non-Federal public
Hon..C. H. Cavness, page 6 (V-1507)
funds, or from private endowments or gifts or'
other income from nonpublic sources . . .'
In addition to the above payments which are
made directly to the educational Institution, the Govern-
ment also pays a subsistence allowance to the,student.
We think that in arriving at the true meanin
and purpose of that provision in Article IV ofH. ,B. 42E
supra, which excludes from the semester hourscount thosg
hours taken by students whose tuition is paid by the
United States Government, it is necessary to consider In
pari materla therewith Section,4 of Article 2654b-1. When
that provision is studied in Its proper relation to Arti-
cle 2654b-1, it becomes readily apparent that the legiwla-
tive intent was not to provide for a $189 per capita State
apportionment or appropriation to junior colleges for any
full-time student equivalent whose cost of Instruction
was being paid directly to the college by the United
States Government. The Legislature had In mind, we think,
that the junior college would receive tuitionbenefits on
veteran students from the Government under Public Laws
346 recited In Article 26$+b-1, in such amounts as would
make It unnecessary for the State to support junior col-
leges with State appropriations toward'the education of
such veterans. In this the Legislature reasoned car-
rectly because, we are Informed, the junior colleges have.
: realized more on tuitions paid by the Government on Its
Public Law 346 v~eteranstudents than the~$189 per capita
appropriated by the State to assist in the education of
full-time student equivalents receiving no tuition aid
from the Government‘
However, with respect to veterans ellglble for
Government educational benefits under the Teague Bill
(Public Law 550, 82nd Congress, 2d Sess.; H. R. 7656, to
be codified 38 U,S,C,A., note foll. chap. 12) approved
,July 16, 1952, we find that Public Law 550 provides only
for payments directly to the eligible veteran and llmlts
the amount of tuition which the institution may charge to
the established tuition which the-institution requires
similarly circumstanced nonveterans to pay.
Section 231 of H. R. 7656, supra, provides in
part :
"(a) the Administrator shall pay 2
each eligible veteran who Is Pursuing a
program of education or training under this
Hon. C. H, Cavness, page 7 (V-1507)
title, and who applies therefor, an education
and training allowance to
expenses of his subsistence,
supplies, books and equipment."
: Section 232 provides in part as follows:
"(a) The education and training allow-
ance,of an eligible veteran who is pursuing a
program of education or training in an educa-
tional institution and is not entitled to
receive an education and trainin allowance
under subsection (b), (c), (d), $e), or (f)
shall be computed as follows:
"(1) If such program is pursued on a
full-time basis,.such allowance shall be COW
puted at the rate of $110 per month, if the
veteran has no dependent, or at the rate of
$135 per month, if he has one dependent, or
at the rate of $160 per month,if he has more
than,one d&pehdent;,...lr ,:
Section 234 provides as follows:
"The Administrator may, if he finds
public educational institution which'hoes
not have established dharges for tuition
and feeswhich It requires nonveteran Pesi-
dents to pay, such institution may charge
and receive from each eligible veteran who
is a resident an amount equal to the estimat-
ed .cost of teaching personnel and .auppliea
for instruction attributable to such veteran,
but in no event to exceed the rate of $10 per
'monthfor a full-time course.'I
Tuitions payable by nonveteran residents en-
rolled in Texas public institutions of collegiate rank
for fall and spring semester are fixed by statute, like-
wise the minimum-maximum rates within which college
.
Hon. C. H. Cavness, Page 8 (V-1507)
boards may yearly establish tuitions for summer ses-
.sionsl Pars.,1 and 4, Sec. 1, Art. 26540, Q.C.S. The
minimum-maximum rates for tuition which may be charged
nonresident nonveteran students,.within,&loh oollege
boards may establlsh,a fixed rate yearly, are 'also
.preacribed by law. Pars. 2 and 4, Sec. 1, Art. 2654~.
.'Therefore, the tuition of nonveteran students, resident
and nonresident, are "established oharges" (established
by statute with respect to residents, or established
within limits fixed in the statute with respect to non-
residents) within the meaning of the above underscored
provision in Sectlon 234, H. R. 7656, supca. It follows
: that the tuition chargeable to veterans, residents or
nonresidents, who apply,and enroll for benefits under
Public Law 550.(Teague Bill) may not be greater than the
college legally~charges nonveteran students, residents
or nonresidents;.respectively,
Under Article IV of House Bill 426, supra,our
public junior colleges realize a state appropriation on
each formula-determined nonveteran student, resident or
nonresident, In the amount of $189. May the provisions In
that appropriation bill be construed to deprive such col-
mlegesof that $189 state aid .on veteran students, resl-
dent or nonresident, who enroll under application for
Teague Bill benefits, and are subject to the same tuition
charges established for nonveteran students, resident and
nonresident, without doing violence to the underlying
purpose of the junior college appropriation bill hereln-
before discussed? We think not.
The clear purpose of the appropriation made'in
the junior college bill was to grant state aid of $189
or to the extent made avallabe, on each formula-determined
student whose tuition charges muet be llmlted to those
fixed In or eetabliehed~under provisions of Article 2654c,
V.C.S.
Therefore, it Is the opinion of this office
that the funds appropriated In Article IV of House Bill
426, supsa,may be apportioned and paid to the junior
colleges enumerated therein on eemester hours being taken
during the 1952-1953 school year by veteran students re-
ceiving educational beneflte from the United States Govern-
ment as provided in the Teague Bill, Public Law 550, 82nd
Congress, 2nd Session.
. .’
Hon. C. H. Cavness, page 9 (V-1507)
In connection with your second question, it
has been pointed out that Article 2654~ governs in,the
matter of tuition that may be charged veteran applicants,
resident and nonresident, who 'are eliglble for education
benefits under the Teague Bill, Public Law 550, supra.
We find no provision in Article 2654~ or ,otherState law
which would authorize theeerning boards of our'-public
institutions of colleglate'rank to admit at resident tui-
tion rates nonresident veterans of any war or national
emergency, unless they a8 children.of armed service per-
sonnel stationed In Texas come within the benefits of
subsec,tion(6) ,of Section 1, Article 2654c, V.C.S. Att'y
Gen. Cp. v-1502 (1952).
Therefore, a nonresident stud.entwho Is a Korean
ve~teranmuat pay the nonresident fees established for non-
veteran nonresident students If he elects to attend a Texas
State-supported institution of collegiate rank.
SUMMARY
Funds appropriated by Article IV of
House Bill 426, Acts 52nd Leg. 1951, ch.
499, pp.'1228, 1443, may be apportioned and
paid to the junior colleges enumerated there-
in for semester hours being taken during the
1952-1953 school year by veterans receiving ~.
educational benefits provided In Public Law
550, 82nd Congress, 2nd Session.
A nonresident student who is a Korean
veteran and receiving paymentfor tuition and
subsistence under Pi L. 550, 82nd'Congress,
2nd,Session, will pay the nonresident tuition
established for nonresident nonveteran stu-
dents,.under the provisions of Article 2654c,
V.C.S., if he elects to attend a~Texas State-
supported institution of collegiate rank,
unless the veteran Is the child of armed
service personnel:ab%%ed in Texas and thereby
homes within the benefits of subsectlon~(6)
of Section 1, Article 2654c, supra.
Yours very truly,
APPROVED: PRICE DANIEL
J. C. Davis, Jr. Attorney General
County Affairs Division
Mary K. Wall
Reviewing Assistant
Charles D. Mathews Assistant
First Assistant