THE AITCDRNEY GENERAL
OF TEXAS
August 22, 1968
Honorable J. W. Edgar Opinion No. M-272
Commissioner of Education
Texas Education Agency Re: Whether the Rio Grande In-
Austin, Texas dependent Rehabilitation
District has authority to
waive all fees and tuition
rates under the provisions
of Article 2675k, Vernon's
Civil Statutes, in order to
be eligible for financial
assistance under Public Law
81-815, Title I, of Public
Law 81-874, and also Title
I of the Elementary and
Dear Dr. Edgar: Secondary Education Act.
In your request for an opinion you state the following:
"The Rio Grande Independent Rehabilitation
District (created and operating under Article
2675k, V.C.S.) has made application to the U.S.
Department of Health, Education, and Welfare
(HEW) for federal funds under Title I, Elementary
and Secondary Education Acts, 1965 and may obtain
considerable financial assistance also under P.L.
81-815, Title I of P.L. 81-874. Approval of the
grants thereunder by H.E.W., however, is stymied
and is being delayed by reason of the provision
currently In Section 7(l)(2) of Article 2675k
which specifically authorizes the rehabilitation
school district to fix fees and tuition on parents
of pupils residing In that district.
"The recent special session of the Legisla-
ture in 1968was confined to the matter for which
it was called. Therefore, contemplated attempts
then to have Section 7(i)(2) amended to cure the
problem were thwarted. There being only one such
district created under Article 2675k, it is anti-
cipated that passage of such proposed amendment
- 1315-
Hon. J. W. Edgar, page 2 (M-272)
in the early part of the-regular session, January
1969, will be secured unprotested.
'On July 11, 1968 the Board of Trustees of
the rehabilitation district ad0pted.a resolution,
a copy of which we forward herewith, stating in
effect that it never intended nor does It intend
in the future to charge such tuition and that
efforts in January will be exerted to have the
law amended to cure the impediment involved, to
satisfy the conditions set out by H.E.W. for
making the district eligible for the desired
federal assistance. With letter of transmittal
dated July 13, the resolution was forwarded to
H.E.W. We enclose also herewith the response
received by the district on July 25, 1968 which
Is self-explanatory.
“The Board of Trustees of the Rio Grande
Independent Rehabilitation District, through its
counsel, has asked me to obtain an opinion from
the Office of Attorney General on the following
question:
“‘Under the facts submitted, does the~re-~
habilitatlon school district (Rio Grande,I.R.D.)
legally have authority to provide the assurance
that such fees and tuition will 'not be charged
during the useful life of any equipment or
facilities or of the duration of any program
which may be acquired or financed wf;thsuch
funds from the federal government?'
In the July 25, 1968 letter, H.E.W. requested that
the Rehabilitation District obtain an opinion from the Attorney
General's department on the above quoted question.
Section 7(i)(2) of Article 2675k, Vernon's Civil
Statutes, provides that the board of directors of a Rehabilitation
District is empowered and required to "Fix such fees and tuition
rates as are deemed necessary to supplement other sources of funds
for maintaining and operating the District in carrying out its
functions, with authority however, to reduce fees and tuition, or
waive these altogether, in cases where the parents or guardians
of trainees are able to pay a portion only or none of such tuition
or fees, in the judgment of the Board of Dfrectors, or in the judg-
ment of an agency created by ,theBoard of Directors to determine
such matters. . . .'
-1316-
Hon. J. W. Edgar, page 3 (M-272)
Generally the powers of anadministrative agency are
derived entirely from legfslative enactment. The agency has
only such powers as are expressly conferred on it by statute
altogether with those necessarily implied from powers and duties
expressly given or Imposed. Although a statute conferring adminis;
trative authority will generally be liberally construed, the agency
must not go beyond the~clear intent of the Legislature. Stauffer.
v. City of San Antonio, 344 S.W.2d 158 (Tex.Sup. 1961); 1 Tex.Jur.
d b52, Administrative Law, etc., g 6.
The waiver of tuition and fees by the Board of Directors
of the School District would not bind the successor Board of
Directors unless the statute authorfzes such waiver. We find nothing
in the statute conferring such a power , which is discretionary by
nature and must be exercised anew from year to year with changing
conditions. It is generally held that a school board cannot bind
the board or its members to take anv SDeCified action on ans aues-
tion which may come before It in the future, Miller v. Alsbaugh,
2 S.W.2d 208 (Mo.App. 1928); Murphy v. City of Cambridge, 342 Mass.
339, 173 N.E.2d 616 (1961); Lath v. DeFigio, 19 Fay. L.J. 12, 9
D&C2d 326.
Furthermore, in enacting Section 7(i)(2) of Article
2675k, it is clear that the Legislature did not intend for the
Board of Directors of a Rehabilitation District to waive such
tuition and fees from parents or relatives of trainees who are
financially able to pay the same. Unless the statute authorizes
the Board to waive those charges for tuition and fees, the Board
is without power to waive them. We are, therefore, compelled to
answer your question in the negative.
SUMMARY
Under the provisions of Sec. 7(i)(2) of Art.
2675k, Vernon's Civil Statutes, the Board of
Directors of the Rio Grande Independent Rehabilita-
tion District is empowered and required to fix such
fees and tuition rates as are necessary to supple-
ment other sources of funds for maintaining and
operating the District In carrying out its func-
tions and said Board is not authorized to waive
such fees and tuition from parents or relatives
of trainees who are financially able to pay such
tuition or fees or to waive such charges in the
future so that such action would be binding on
successor Boards of Directors.
-1317-
Hon. J. W. Edgar, page 4 (M-272)
truly yours,
dW&
C. MARTIN
ney General of Texas
Prepared by Jack Sparks
Assistant Attorney General
APPROVED:
OPINION COMMI!TTEE
Hawthorne Phillips, Chairman
Kerns'Taylor-Co-Chairman
Richard Chot6
Charles Rose
Dyer Moore, Jr.
Alan Minter
A. J. CARUBBI, JR.
Executive Assistant
-1318-