NEW GENERAL
OF TEXAS
Honorable Burt L. Rleley Opinion NO. w-306
Executive Director
State Commission for the Re: Legal effect of exemption
Blind of certain deal and blind
317 Sam Houeton Building students from payment of
Auatin, Texas 78701 tuition and other Sees of
and universiti
Dear Mr. Risley: to Article
You have requested the opinion of this office re-
garding the above question.
Article 2654f-2, Vernon’s Civil Statutes, was en-
acted in 1965, and amended in 1967. The amended atatute reada,
in part, a8 follows:
“Section 1 e In this act,
(4j **tuition fees’ includes all of the
fees for which an exemption la made in Section
1, Chapter 6, Acta of the Y3rd Leglelature, 1st
Called Session, 1933, as amended (Article 265&l,
Vernon’s Texas Civil Statutes).
“Section 2. (a) A deaf or blind person
who is a resident ia entitled to exemption
from the payment of tuition at any inatltution
of collegiate rank supported In whole or in
part by public funda appropriated from the
State Treasury. ,* e 9 .‘(Bnphasia supplied.)
Section 1 of Article 2654b-1, Vernon’s Civil Statutes,
referred to In the above-quoted statute, reads, in part, as
follows:
“The governing boards of the several
lnatitutlons of collegiate rank3 supported
In whole or in part by public funds appro-
priated from the State Treasury, are hereby
Authorfzed.and directed to except and.exempt
* . . a from the payment of al,1dues, feea and
charges whatsoever, including fees for corres-
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Honorable Burt L. Risley,&a$a:2 (M-306)
',,.
,:
pondence courses; provided, however, that the
foregoing exemption shall nQ$ be construed to
apply to deposits, such as library, or labora-
tory deposits, which may be required in the
nature of a security for the return of or pro-
per care of property loaned for the use of
students, nor to any fees or charges for lodging,
board or clothing.'? (Bnphasls supplied.) .,
In a previous opinion dealing with a problem'some-
what similar to the one presented here, Attorney General
Opinion V-399 (1947) held that the exemption extended to
veteran students by Sections 1, 2 and 3 of Article 2654b-1
did not operate to exempt such veteran students from the pay-
ment of student activities fees required by some state col-
leges and universities under Section 4 of Article 2654a.
The fee exemption granted in Section 1 of Article
2654b-1, quoted supra, is stated in clear
-- and unequivocal
language, and has continued unchange= ince the original en-
actment of the statute in 1933. Where the Legislature has
expressed Itself so clearly, and has carefully delineated
those persons who are to qualify for the ex@ptions granted,
it is artificial logic to conclude that the plain, unquali-
fled words do not mean what they say. If the,statute is by
its terms plain and unambiguous, the opinion of the Attorney
General as well as any departmental construction must neces-
sarily yield thereto.. Caivert v. Thompson, 339 S,W.2d 685
(Tex.Civ.App. 196O,err,ref 1 Accordingly, Attorney
General Opinion V-399 (194jj_nG'Ze&uled.
In answer to youz$&eclflc question, youare ad-
vised that it is the opinio-. this office that, by authority
of Article 2654f-2, quali af or blind students are exempt
from all mandatory fees a upported colleges and universl-
ties except those fees spec yexcepted in Section 1,
Article 2654b-1,
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. -
Honorable Hurt L. Rlsley, page 3 (M-306)
SUMMARY ,
By authorlty of Article 2654f-2, Vernon's
Civil Statutes, qualified deaf or bllnd students
are exempt from all mandatory fees at state-
supported college8 and universities except those
fees specifically excepted in Section l., Article
26gb-1, Vernon's Civil Statutes.
truly your6,
C. MARTIN
At rney General of Texae
t
Prepared by Malcolm L. Quick
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Pat Bailey
Joseph H, Sharpley
Larry Craddock
John Fainter
A. J. CARUBBI, JR.
Executive Assistant
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