The Attorney General of Texas
May 25 1982
MARK WHITE
Attorney General
Lauro Cavazos, Ph.D. Opinion No. MN-476
Supreme Court Building President
P. 0. Box 12546
Texas Tech University Re: Tuition for nursing
Austin. TX. 76711. 2546
5121475.2501
Health Sciences Center students at Texas Tech
Telex 9101674.1367 P. 0. Box 4349 University Health Sciences
Telecopier 5121475.0266 Lubbock, Texas 79409 Center
Dear Dr. Cavazos:
1607 Main St., Suite 1400
Dallas, TX. 75201.4709
2141742-6944 Your question concerns the tuition to he paid by nursing students
at Texas Tech University Health Sciences Center. The center was named
the Texas Tech University Schooi of Medicine until 1979, see Acts
4624 Alberta Ave.. Suite 160
1979, Sixty-sixth Legislature chapter 319, at 724, and has beensince
El Paso, TX. 79905-2793
9151533-3484
its inception "not a department, school or branch of Texas Tech
University," but a separate institution -- though under the direction,
management and control of the Texas Tech University Board of Regents.
1220 Dallas Ave.. Suite 202 Educ. Code P110.01; see Henry v. Texas Tech University, 466 F. Supp.
Houston, TX. 77002-6966
141 (N.D. Tex. 1979);Attorney General Opinion M-1007 (1971). Section
7 131650-0666
110.06 of the Education Code states:
806 Broadway. Suite 312 The board may, when in the best interests of
L”bbmk. TX. 79401-347s medical education at the Health Sciences Center,
6061747-5238
execute and carry out affiliation or coordinating
agreements with any other entity or institution in
4309 N. Tenth. Suite 6 the Lubbock area, Amarillo area, El Paso area, and
McAllen, TX. 76501-1665 the Odessa-Midland area to provide clinical,
5121662.4547 postgraduate, including internship and residency,
or other levels of medical educational work for
200 Main Plaza. Suite 400 the Health Sciences Center. Additionally, the
San Antonio. TX. 76205.2797 board may execute and carry out affiliation or
5121225-4191 coordinating agreements with any other entity or
institution necessary to conduct and operate the
An Equal Opportunityi
Health Sciences Center as a first-class
Affirmative Action Employer institution. The board may utilize the facilities
and staffs of other state biomedical units.
You have asked us about a proposed contract between the center and the
university regarding the general course work of professional nursing
students.
p. 1674
Dr. bauro Csvazos - Page 2 W’-476)
The unique curriculum design for the School of Nursing at the
center requires simultaneous course work at both the center and the
university. You explain that students at the center must pursue both
general and professional class work during each year of the four-year
program rather than (as in a typical nursing program) complete two
years of lower division general course work prior to beginning two
years of upper division work at a school of nursing. However, the
arrangement brings into play two provisions of the Education Code
specifying tuition charges.
Section 54.051(k) of the Education Code provides that tuition
“for students registered in a school of nursing as a nursing student
is $50 per semester....” But section 54.062 thereof states that when
a student registers at more than one public institution of higher
education at the same time:
(1) The student shall pay the full tuition
charge to the first institution at which he is
registered; and in any event he shall pay an
amount at least equal to the minimum tuition
specified in this code.
(2) If the minimum tuition specified in this
code for the first institution at which the
student is registered is equal to or greater than
the minimum tuition specified in this code for the
second institution at which the student is
registered concurrently, the student shall not be
required to pay the specified minimum tuition
charge to the second institution in addition to
the tuition charge paid to the first institution,
but shall pay only the hourly rates, as provided
in this code, to the second institution.
(3) If the minimum tuition specified in this
code for the first institution at which the
student is registered is less than the specified
minimum tuition charge at the second institution
(that is, if the second institution has a higher
minimum tuition charge specified in this code),
then the student shall first register at the
institution having the lower minimum tuition and
shall pay to the second institution only the
amount equal to the difference between his total
tuition charge at the second institution and his
total tuition charge at the first institution, but
in no case shall the student pay to the second
institution less than the hourly rates as provided
in this code....
p. 1675
Dr. Lauro Cavaaos - Page 3 (MN-476)
Although $50 per semester is the maximum tuition for nursing students
registered at the center, section 54.051(k) of the Education Code, $50
per semester is the minimum tuition for such students at the
university. Id. 554.051(b). Assuming a normal course load of 15
hours, the maximum tuition for a nursing student under the joint
program would be $60 per semester, rather than $50. if section 54.062
is applied. See Educ. Code 054.051(b) (tuition for resident students
is $4 per credithour).
In order to avoid that result, it has been suggested to the Texas
Tech University Board of Regents that student nurses at the center be
charged the $50 maximum tuition under section 54.051(k), and that the
students not register at the university for their regular course work,
but that the university contractually agree with the center to supply
each of the center's students with instruction in the basic general
courses needed to complete the student's degree plan. The center,
under the proposed agreement, would keep all the tuition paid, but the
university would be entitled to use for all statistical purposes the
number of semester credit hours of instruction it provided. This
would supposedly enable the university to claim them in reporting to
the Coordinating Board, Texas College and University System, for
purposes of Legislative Appropriation Formula Generation. See Educ.
Code 661.059; 19 T.A.C. 513.3 (1981).
You specifically ask:
(1) What statute controls the tuition rate to
be charged a Texas Tech University Health Sciences
Center School of Nursing student; and,
(7-j May Texas Tech University receive credit
hours for formula generation purposes as
consideration for the teaching services rendered
under the proposed contract?
Section 54.051(k) of the Education Code, specifying the $50
meximum tuition for nursing students, was enacted in 1971. See Acts
1971, 62nd Leg., ch. 1024, at 3352. The provision dealing with
concurrent enrollments, section 54.062, was added later, in 1977. See
Acts 1977, 65th Leg., ch. 7, at 21. The legislature was presumaw
aware at the later date that the center and the university were
statutorily designated as separate institutions of higher education.
In our opinion, there is no basis for supposing that section 54.062,
which applies when "a student registers at more than one public
institution of higher education at the same time," was not intended to
apply to nursing students receiving instruction at both Texas Tech
University Health Sciences Center and Texas Tech University. Cf.
Educ. Code E54.505 (student service fees on concurrent enrollmen=
Educ. Code 5103.01 (Midwestern State University joint program).
p. 1676
Dr. Lauro Cavaros - Page 4 (NW-476)
The power accorded the Texas Tech University Board of Regents on
behalf of the center by section 110.06 of the Education Code to
“execute and carry out affiliation or coordinating agreements with any
other entity or institution in the Lubbock area” does not include
authority to override statutory law or frustrate the legislative will.
When the legislature acts with respect to a particular matter, a
subordinate administrative agency may not so act with respect to the
matter as to nullify the legislature’s action even though the matter
be within the agency’s general regulatory field. State v. Jackson,
376 S.W.2d 341 (Tex. 1964); Martinez v. Texas Employment Commission,
570 S.W.2d 28 (Tex. Civ. App. - Corpus Christ1 1978, no writ). The
Board of Regents of Texas Tech University is such a state agency. -See
Lowe v. Texas Tech University. 540 S.W.2d 297 (Tex. 1976).
The purpose of the suggested contract between the two
institutions would be to circumvent the operation of section 54.062 of
the Education Code, a course of action inconsistent with the authority
and duty of the board of regents end the institutions for which it
acts. In our oninion. such an agreement would be an ineffectual
nullity. _See State v..Ragland Clir&-Hospital, 159 S.W.2d 105 (Tex.
1942); Attorney General Opinion MW-38 (1979). Accordingly, we advise
that section 54.062 controls the maximum tuition rate to be charged
students of nursing simultaneously pursuing courses at both Texas Tech
University Health Sciences Center and Texas Tech University. We are
also of the opinion that no provision of the proposed agreement could
entitle the university to credits for formula generation purposes. Of
course, the fact that such a void contract purported to entitle the
university thereto would not in itself prevent the university from
earning such credits if it were otherwise eligible to claim them.
SUMMARY
Section 54.062 of the Education Code governs
the maximum tuition rate for students of nursing
simultaneously pursuing courses of study at both
Texas Tech University Health Sciences Center and
Texas Tech University. A proposed agreement
between the two institutions circumventing the
statute would be a nullity.
*w
WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
p. 1677
.. ’ W-476)
Dr. Lauro Cavazos - Page 5
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood
p. 1678