THE ATT~RNEE' GENERAL
OFTEXAS
Aunm~. -IxxAm rerll
April 25, 1974
The Honorable George W. McNiel Opinion No. H- 284
State Auditor
P. 0. Box 12067 Re: Questions relating to
Austin, Texas 78711 the collection of
student service fees
under $54.503(b) of
Dear Mr. McNiel: the Education Code
Your letter requesting our opinion opens:
,“In connection with our current audits of the
State’s senior colleges and universities, a question
has arisen concerning Section 54.503(b) of the Texas
Education Code. This statute provides that all com-
pulsory student services fees collected from a stu-
dent for any one semester or summer session shall
not exceed $30.00, and further stipulates that,
except for public junior colleges, all such compul-
sory student services fees charged and collected
shall be assessed in proportion to the number of
semester credit hours for which a student registers.
While the $30.00 maximum amount to be collected
for any one semester has been in effect for a number
of years, the requirement that such charge be in pro-
portion to the number of semester credit hours for
which a student registers was added rebently under
provisions of House Bill NO. 83, Acts of the 63rd
Legislature. ”
You then describe current practices of various colleges and universities
and pose these questions:
p. 1324
The Honorable George W. McNiel, page 2 (H-284)
“1. At what level of semester credit hour
enrollment should the maximum compulsory
student services fee of $30.00, or lesser amount
if so established by an institution, be attained?
“2. If the answer to question number one
above hinges upon whether or not a student is
classified as being enrolled on a ‘full-time’
basis, how many semester credit hours constitute
full-time enrollment for the purpose of charging
the maximum amount?
“3. For semester credit hour enrollments
of less than that at which the maximum fee amount
is attained, should the charged be based on a pre-
cisely equal amount per semester credit hour
assessed in direct proportion to the number of
semester credit hours of enrollment or is a
bracketed arrangement wherein the charge is the
same within a range of hours of enrollment, such
as 1 through 3, 4 through 6, md so forth, acceptable?”
The exact, pertinent language of the amended statuteis:
“The governing board of an institution of
higher education may charge and collect from stu-
dents registered at the institution fees to cover the
cost of student services which the board deems
necessary or desirable in carrying out the educa-
tional functi,ons of the insti~tution. The total of all
compulsory student services fees collected from a
student for any one semester or summer session
p. 1325
The Honorable George W. McNiel, page 3 (H-284)
shall not exceed $30. All compulsory student
services fees charged and collected under this
section by the governing board of an institution
of higher education, other than a public junior
college, shall be assessed in proportion to the
number of semester credit hours for which a
student registers . . . . ” (emphasis added)
We interpret the emphasized words to mean that only those students
enrolled foa the maximum number of semester hours normally permitted
by the institution can be charged the full amount of a compulsory student
services fee. Ally students carrying a lesser number of hours will pay only
a proportionate portion of the full fee.
A strict reading of the statute would be that the maximum of $30.00,
or a lesser maximum amount if so established by the institution, can be
attained at any semester credit enrollment level determined by the institu-
tion. However, the most reasonable interpretation, in our opinion, would
be that the Legislature intended the application of that maximum fee for
students enrolled for the number of hours usually considered by that insti-
tution to be the maximum full time load permitted under its rules and regu-
lations. All students carrying a lesser number of hours will pay only a
proportionate portion of the full fee based on a precisely equal amount per
semester hour in direct proportion to the maximum full time load permit-
ted.
Attorney General Letter Advisory No. 6 was concerned with 5 54.503(b)
prior to its amendment by the 63rd Legislature, but it is still pertinent. The
focal point of the discussion there was the clause “which the board deems
necessary or desirable in carrying out the educational functions of the insti-
tution. ” That language is still a part of the statute and it repels any notion
p. 1326
The Honorable George W. McNiel, page 4 (H-284)
that the imposition of compulsory student services fees must be uniform
among our institutions of higher education. In IA-6 we said:
“The powers of the governing boards of the
numerous institutions of higher education are set out
throughout the Code. The provisions are not uniform.
However, ‘in most instances, they give governing
boards general power to adopt rules and regulations
necessary for the management of the institutions. . . .
“The governing board of an institution of higher
education, in adopting rules and regulations for its
operation, exercises delegated legislative powers,
and in the absence of a clear showing that it has acted
arbitrarily or has abused the authority vested in it,
the courts will not interfere. ”
In answer to your specific questions, therefore, it is our opinion
there is no one “level of semester credit hour enrollment” to which the
maximum compulsory student services fee of $30.00 should apply. It
will depend upon the maximum load which an institution normally permits
its students to carry. Since the above answer does not hinge on a “full
time” or “part time” classification, we need not answer your second ques-
tion. And in answer to your last inquiry, we believe all calculations should
be “based on a precisely equal amount per semester credit hour assessed
in direct proportion to the number of semester credit hours of enrollment, ”
measured against the maximum semester credit hour load normally per-
mitted by the school.
SUMMARY
Section 54. 503(b), Education Code, V. T. C. S.,
requires that the compulsory student service fee be
charged proportionately according to the number of
semester credit hours for which a student is enrolled,
p. 1327
. .
The Honorable George W. McNiel, page 5 (H-284)
with the maximum fee (not more than $30) charged
those taking the maximum number of hours nor-
mally permitted a student.
Very truly yours,
c DAVID M. KENDALL,
Opinion Committee
Chairman
p. 1328