Untitled Texas Attorney General Opinion

TIME A'HTORSEY GENERAL
OFTEX.~S
AlTORNRY CRNERAI.
July 11,
The Honorable Bevington Reed Opinion No. H- 61
Commissioner, Coordinating Board
Texas College and University System Re: Tuition to be charged by
P. 0. Box 12788, Capitol Station Junior College Districts
Austin, Texas 78711 to persons living in and
out of the college district.
Dear Commissioner Reed:
You have requested the opinion of this office on the following questions:
“1. Can the Board of Regents of a junior college
district legally set two different ‘out-of-district’
tuition charges: one charge to those of its students
who reside in another junior college district and
another charge to students who do not live in a
junior college district (but who are Texas residents)?
"2. Can the Board of Regents of a junior college
district set a tuition charge for extension classes
taught outside the district at a rate different from
that charged students in classes taught inside its
district? ”
Junior College Districts are governed by Chapter 130 of the Texas
Education Code, and other provisions. Section 130.004 (all references
are to the Texas Education Code unless otherwise stated) classifies junior
colleges as public junior college and junior college divisions of a regional
college. Your questions pertain to the junior college district, and not the
regional college district. Accordingly we restrict our answers to the powers
of the governing board of a junior college district.
Chapter 54 governs Tuition and Fees. Section 54. 002 provides:
“The provisions of this chapter apply to all
institutions of higher educations, except that as to
junior colleges this chapter applies only to the
extent provided by Section 130.003(b) of this code.”
p. 260
i
. .
The Honorable Bevington Reed, page 2 (H-61)
Section 130.003(b) provides in part:
“To be eligible for and to receive a proportionate
share of the [state appropriation for public junior
colleges], a public junior college must:
. * .
(4) collect, from each full-time and
part-time student enrolled, matriculation
and other session fees in the amounts re-
quired and provided by law for other state-
supported institutions of higher education,
except that the amount charged non-residents
need not be greater than the amount so re-
quired by law on Janaury 1, 1971; . . . ‘I
(Emphasis added)
Prior to 1969, Article 2815j-2, V. T. C. S., provided in part:
“It shall be mandatory that each institution [public
junior college] participating in the funds herein pro-
vided shall collect from each full-time student enrolled,
matriculation and other session fees not less than the
amounts provided for by law and by other State-supported
institutions of higher learning for full-time students and
shall collect proportionate amounts for students taking
less than a full time load. ” (Emphasis added)
In 1969 the Legislature adopted Titles 1. 2 and 3 of the Texas Education
Code. Title 3 at that!ime consisted solely of Chapter 51, Public Junior
Colleges. Acts 1969, 61st Leg., p. 2755, Ch. 889, instituted the initial
change in language seen i,n the emphasized portions of the a~bove quoted
provisions. Sectl,on 2 of the 1969 enactment specifically repealed Article
2815j-2, V. T. C. S. It is our opi:ni.on that the change in language evidences
a change in intent by the Legislature, a,nd that a public junior college may
qualify for participation in the distribution of State moneys appropriated
pursuant to 5 130.003 only by cha.rging such matriculation and other session
fees as are required and provided by law for other state-supported insti-
tutions of higher education, i. e., as are provided by Chapter 54. Such a
reading of $ I30. 003(b) is in harmony with the language of § 54.002, quoted
above.
p. 261
The Honorable Bevington Reed, page 3 (H-61)
A public junior college which charges a greater tuition of a Texas
resident than that authorized by $ 54.051 is disqualified just as is one
which charges a lesser tuition. Since $ 54. 051 does not differentiate
tuition rates on where a Texas resident is residing tiithin the State,,
it is our opinion that any public junior college doing so thereby disqualifies
itself from participation in distribution of $130. 003 funds. This !.s true
regardless of whether the tuition and fees are for courses at the central
campus or for courses taught at an extension facility established under
§ 130.086.
There remains the question of whether the governing board of a junior
college distri~ct which is willing to forfeit its share of $130. 003 funds may
establish such tuition charges. As provided in 5 54.002, the statutory
tuition rates of $ 54. 051 do not apply to junior colleges except to the extent
that conformity thereto is prerequisite to eligibility for 5 130. 003 State
funds. These two provisions taken together imply that the governing board
of a junior college district otherwise is empowered to establish tuition fees
at such levels as it sees fit. Section 130. 002 supports this conclusion. It
provides as follows:
“All authority not vested by this chapter
or by other laws of the state in the coordinating
board or in the Central Education Agency is re-
served and remined locally in each of the respec-
tive public junior college distrtcts or in the
governing boards of such junior colleges as pro-
vided in the laws a,pplicabIe. ”
See also § 61. 060. An examination of the statutes govern:ng the Coordinat:ing
Board (Chapter 61) reveals no power to fix public junior college tuition rates,
although the Board is requi.red to recommend to the Governor and the Legis-
lative Budget Board tuition policies for public junior colleges ($ 61. 059d). We
can find no provisions establishing tilition schedules for p&lic junior colleges
in the case where § 51. 051 does not apply, nor any provision specific:ally
authorizing some body other than the governing board to fix such fees.
It is therefore, our opinion that the governing board of a public junior
college may establish such tuition schedules as set forth in your two questi~ons,
but that by dcing so it would disqual.ify such district from partici,pation in the
distribution of 5 130.003 funds. See Attorney General Opinion M-940 (1971j.
p. 262
The Honorable Bevington Reed, page 4 (H-61)
SUMMARY
Nothing contained in the Texas Education Code would
limit the right of the public junior colleges to charge
more tuition to non-residents of their district than to
residents, except that by charging different fees, the
colleges would disqualify themselves from receiving
State funds under $130.003(b). Texas Education Code.
Very truly yours,
Attorney General of Texas
APP,R&ED:
Opinion Committee
p. 263