September 14, 1973
The Honorable George McNiel Opinion No. H-103
State Auditor
Sam Houston State Office Building Re: Rate of tuition to be
Austin, Texas. 78711 charged non-resident
students under 5 5
54.051~(h)and 130.003
(b) (4) of the Texas
Dear Mr. McNiel: Education Code
You have asked us to resolve an apparent conflict between the
provisions of $130.003(b)(4) and $ 54.051(h) of the Texas Education Code
as they apply to the tuition to be charged by public junior co:lleges to
students who are citizens of a country other than the United States of
America.
Section 54.05:1(h) is part of Chapter 54 of the Code, generally
providing for tuition and fees chargeable by institutions of higher education.
Although, by definitions found in $61.003 of the Code, a public junior college
is an institution of higher education, 5 54.002 provides that Chapter 54
applies to junior colleges “only to the extent provided by Section 130.003(b)
of this Code,”
Section 130.003(a) provides for the biennial appropriation of State
funds in 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. . . .‘I
Subsection (b) of the section provides eligibility requirements for those
funds . It provides in part:
“(b) To be eligible for and to receive a pro-
portionate share of the appropriation, a public junior
college must:
!I
. . . .
p. 470
-
The Honorable George McNiel, page 2 (H-103)
“(4) Collect, from each full-time and part-
time student enrolled, matriculation and other
session fees in the amounts required 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 required by law on January 1, 1971; . . . .‘I
(emphasis added)
The Texas Education Code purports to be a codification of the existing
law without substantive changes. Section 2, Acts 1971, 62nd Leg., p. 3072,
ch. 1024; $55, Acts 1971, 62nd Leg., p. 1449, ch. 405; and see Article
5429b-1, Vernon’s Texas Civil Statutes,authorizing the statutory revision
program on a “topical or code basis” and providing: “In carrying out the
revision program, the sense, meaning or effect of any legislative act
shall not be altered. ”
Prior to the adoption of the Education Code, the provisions of $130.003
(b) (4) were found in Article 2815j-2, V. T. C. S., which provided, in part:
“It shal,l be mandatory that each institution
participating in the funds herein provided shall collect
from each full-time student enrolled, matriculation
and other session fees not less than the amounts pro-
vided 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 student load. ” (emphasis added)
The snoutit of tuition provided for by law for students who are citizens
of any country other than the United States of America in other State-supported
institutions of higher learning is $14.00 per semester credit hour but not less
than a total of $200 [§ 54. 051(h) Texas Education Code]. Aliens are not the
students defined as “non-residents” for whom tuition is provided by 5 54.051(c)
at $40 per semester credit hour by $ 54.051(j) which applies to non-resident
students in a public junior col.lege and calls for tuition as provided in sub-
section (b) of $130.003. Since you have not inquired about non-resident students
we need not determine what the tuition should be.
p. 471
The Honorable George McNiel, page 3 (H-103)
It is our opinion that there is no conflict between the sections
130.003(b) (4) and 54.051(h) and that, construing them together, public
junior co:lleges are required to charge students who are citizens of a
country other than the United States tuition at a rate of at least $14
per semester credit hour and not less than $200 total per semester.
See Attorney General Opinion M-1024 (1971).
Of course, if any public junior college desires not to participate
in the State funding, then 5 130.003(b) (4) does not apply and there is no
statutory maximum or minimum tuition which may be charged aliens.
One exception must be noted to the foregoing and that has to do
with an alien who is living in this country under a visa permitting per-
manent residence or who has filed with the proper federal immigration
authorities a declaration of intention to become a citizen. Such a student,
a “resident alien, ” who also resides in a junior college district located
immediately adjacent to the Texas boundary lines shall be charged resi-
dent tuition by that junior college district ($ 54.057, Texas Education
Code).
SUMMARY
Except as to resident aliens defined by 5 54.057
of the Texas Education Code, junior college districts
wishing to participate in State funding are required to
charge students who are citizens of any country other
than the United States of America, a minimum of $14
per semester credit hour and a total of not less than
$200 per semester, They may charge more.
Very truly yours,
JOHS L. HILL
Attorney General of Texas
p. 472
The Honorable George McNiel, page 4(H:103)
APPROVED:
(ijifi$
DAVID M. KENDALL, Chair&an
Opinion Committee
p. 473