The Attorney General of Texas
August 2, 1979
dARK WHITE
Worney Gameral
iuorenucOu* auimq Honorable Kenneth H. Ashwccth Opinion No. Kw-38
‘0 se. 1254ll Texas College & University System
\.dstmTXRlll
.12~41s-z501 P. 0. Box 12788, College Station Re: Authority of a college to
Austin, Texas 787ll charge a lower amount of tuition
than provided by law.
‘01commeru.sui* am
Dear Commissioner Ashworth:
You have requested our opinion concerning tuition fees charged by a
public junior college. You have asked whether the board of trustees may set
a tuition rate for a classification of a student which is lower than the tuition
rate provided by law if the college does not claim a proportionate share
funding for the students so classified. With the exception provided in
section 130.085 of the Education Code which permits tuition exemption for
residents of the district where necessary to receive certain federal
assistance, the junior college district must charge each student the tuition
provided for other statesupported colleges if it wishes to receive state
appropriations. Educ. Code S 130.003(b)(4).
Section 130.003 provides in pertinent part:
s 130.003. State Appropriation for Public Junior
Colleges
(a) There shall be appropriated biennially from
money in the state treasury not otherwise
appropriated an amount sufficient to supplement
local funds for the proper support, maintenance,
operation, and improvement of those public junior
colleges of Texas that meet the standards prescribed
by this chapter. The sum shall be allocated on a basis
and in a manner provided in Subsection fb) of this
section.
fb) To be eligible for and to receive a proportionate
share of the appropriation, a public junior college
must:
. . . .
p. 110
Honorable Kenneth H. Ashworth - Page Two (MW-38)
(4) collect, from each full-time and part-lime student enrolled,
matriculation and other session fees in the amoqnts required and
provided by jaw for other state-upported institutions of higher
education, except, however, the governing board of a public jmior
college district may waive the difference in thn rate of tuition for
non-resident and resident students for a person, and his dependents,
.,fho owns property which is subject to ad valorem taxation by the
junior college district, that the amount charged nonresidents who
have not received a wniver of nonresident tuition need not be
greater than the amount o required by law on January 1, 1971, and
that notwithstanding the provisions of Subsection (b) cf Section
54.051 of this code, the minimum tuition charge for resident
students shall be $25.
(Emphasis added). We believe the language is clear that to be eligible, for state funds each
student must be charged the tuition fees chapter 54 of the Education Code
with the exception contained in sections and 130.085. Atlorney Gcueral
Opinion H-61.4 (1973).
SUMMARY
Public junior colleges may nbt charge a lower tuition for certain
classifications of students without relinquishing their entitlement
to state funds.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
C. Robert Heath, Chairman
Martha Allen
David B. Brocks
Susan Garrison
P. 1lL
. . .
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Honorable Kenneth H. Ashworth - Page Three (MW-38)
Rick Gilpin‘
Barbara Marquardt
William G Reid
Bruce Youngblood
p. 112