Untitled Texas Attorney General Opinion ( 1946 )

THEATTORNEY GENERAL
OF TEXAS
HonorableE. N. Jones, President
Texas Collegeof Arts and Industries
Klngsvllle,Texas
Dear Sir: OpinionNo. O-7057
Re: Whether the charge of a special
medical-hospitalieation fee to
all studenstof the Texas College
of Arts and Industrieswould be
in conflictwith the State lav
We have your letter of September11, 1946,which reads, in substance,
as follows:
- Subsequentto a recent ruling by the VeteransAdminis-
trationthat a studentactivityfee cannotbe paid
by the VeteransAdministrationto collegesfor war
veteransenrolled,we asked the VeteransAdministration
whether it vi11 approve the peymentof a specialmedical
and hospitalfee. The VeteransAdministration replied:
vermissible to includea medicalservicecharge of
$3.00 per semester,$6.00 per term providedthere is
no conflictof State law and it is the same charge
that is made to non veteransand veteransalike.*
With.respectto the above stated matters,you have requestedthis Department
for an opinionon the followingsubmittedquestion: Whether the charge of
a specialmedical-hospitalization fee to all studentsof the Texas College
of Arts and Industrieswould be in conflictwith the State laws appertaining
thereto.
Acts 1933, 43rd Legislature,Reg. Sess. Ch. 196, P. 596, as amendedby
the additionof Sec. &a, 46th Legislature,SenateBill 283, Para. 1
(Art. 2654C,V. A. C. S.) appliesto the severalState institutionsof
collegiaterank in Texas. Rainey vs. Malone,Civ. App. 141s. W. (2)
713.
This Depertmentin its OpinionNo. O-177 and No. O-2259,copies of which
are attachedhereto,ruled that such institutions are not authorizedto
requireany chargesfrom studentsother than those authorizedunder
Article 2654c,as amended,and the laboratorychargesprovidedfor in
Section2 of Acts of 1927, 40th Legislature,Ch. 237, p. 351 (Art. 2654c,
V. A. C. S.). The pertinentprovisionsof said Act being quoted in full
in the enclosedopinion,we think it unnecessaryto cop,-same herein.
Hon. E. 1. Jones - Page # 2 O-7057
A re-examination
of the statute enumeratedand of the State laws relative
to the subjectof tuition,fees and chargeswhich State institutions
may requireof etudentsrevealsno subsequentlegislationwhich would
affect the chargespermittedto be made by the Texas College of Arts
and Industries,Article258gc, Vernon'sAnnotatedCivil Statutes,
authorizingthe collectionof a compulsorygroup hospitalization fee,
is specificallylimitedto the Universityof Texas, as is also
Article 258gd,Vernon'sAnnotatedCivil Statutes,specifically
authorizingthe levy of a fixed studentsfee for the purposeof
operating,maintainingand improvingthe Texas Union. We adhere to
the conclusionsexpressedin our former opinionsNos. O-177 and O-2259.
The Legislaturein the above enumeratedstatutehas prescribedthe
chargeswhich said institutionsare permittedto requireof students
registeringtherein;no additionalchargesmay be requiredby the said
State collegesin the absence of an exceptionpermittedby legislative
enactment..We find no such exceptionpermittingthe Texas College of
Arts and Industriesto require the paymentby its studentsof a special
medical-hospitalizationfee.
It is, therefore,our opinionthat the Texas College of Arts and
Industriesla withoutauthorityto require the paymentof a medical-
hospitalization fee by all its students,and that the levyingof such
a charge upon its studentswould be in conflictwith the State laws
concerningthe t&ion rates to be chargedby State Institutionsof
collegiaterank.
Trusting the above satisfsctorily
answersyour inquiry,we remain
Very truly yours
AlTORXEY GENERALOF TEXAS
s/ ChesterE. Ollison
BY
ChesterE. Ollison
Assistant
CEO:bt/ldw
APPBOVEDSEP.17, 1948 APPROVEDOPINION
s/ Carlos C. Ashley COMMITTEE
FIRST ASSISTANT BY B. W. B.
ATTORNEY QiNERhLOF TEXAS CHAIRMAN