The Honorable Bevington Reed Opinion No. H-746
Commissioner
Coordinating Board Re: Obligation of junior colleges
Texas College and University System to set aside a portion of tuition
P. 0. Box 12788, Capitol Station charges as Texas Public Educational
Austin, Texas 78711 Grants.
Dear Dr. Reed:
You have requested our opinion regarding the obligation of junior
colleges to set aside a portion of tuition charges as Texas Public Educational
Grants. Section 56.033 of the Texas Education Code provides as follows:
The governing boards of institutions of
higher education shall cause to be set
aside for use as Texas Public Educa-
tional Grants twenty-five cents out of
each hourly charge in Subsection (,bl
$1, 50 out of each hourly charge in Sub-
section (c) of Section 54.051 of this code,
as amended, and six percent of hourly
tuition charges for vocational-technical
courses at public community and junior
colleges.
You ask: 1) whether public community and junior colleges are required to set
aside from tuition charges for vocational-technical courses both the designated
six percent and also the specified fixed amount; and 2) whether funds must be
set aside regardless of whether there is state funding for the course.
Section 54. 051(m) of the Education Code contains a similar provision to
that of section 56. 033, except that it makes no specific reference to vocational-
technical courses at public community and junior colleges. In Attorney General
Opinion M-l 129 (1972). this Office held that section 54.051(m) was applicable
to vocational-technical courses at public junior colleges, even though such
courses are not generally equated in terms of semester credit hours. The Opinion
devised a mathematical formula for computation of the amount to be withheld for
vocational-technical courses.
p. 3167
The Honorable Bevington Reed - page two (H-746)
We believe that the Legislature, by its particular reference to
vocational-technical courses in section 56. 033, intended to supply that mathe-
matical formula and avoid the imprecision of section 54. 051(m), by making
specific its intention to include these courses within the ambit of those from
whose tuition charges certain amounts are to be set aside. There is no basis
for concluding that the Legislature intended to authorize a greater deduction
for vocational-technical courses by requiring the withholding of both the
designated six percent and also the specified fixed amount.
As to your second question, it is our opinion that the presence or
absence of state funding for the particular vocational-technical course is im-
material to the question of whether “six percent of hourly tuition charges”
must be set aside. The statute draws’no distinction in this regard, and it
appears to be mandatory.
SUMMARY
Public community and junior colleges are re-
quired to set aside from tuition charges for
vocational-technical courses only the six percent
designated in section 56.033 of the Texas Education
Code. Such funds must be set aside regardless of
wh~ether there is state funding for the course.
Very truly yours,
Attorney General of Texas
PROVED:
Opinion Committee .
jad:
p. 3168
Untitled Texas Attorney General Opinion
Combined Opinion