aU4b
T~EATTORNEY GENERAL
OF 7lrExA8
June 21, 1961
Honorable J. W. Edgar Opinion No. WW-1078
Commissionerof Education
Austin, Texas Re: Whether the Texas Education
Agency, by processing and
evaluatingthe application
for teacher certificatesor
permits authorizedunder Art.
2891b, V.C.S., other than
transition certificates,per-
forms all the duties contem-
plated by the statute and
thereby earns the fees pre-
scribed whether or not there
is issuance of the certificate
Dear Mr. Edgar: or permit sought,
owe have received your letter of Way 30, 1961, in
which the following questions are set forth:
"1. Does this State Agency, by processing
and evaluatingthe applicationsfor teacher cer-
tificates or permits authorized under Article
2891b, V.C.S. other than transition certificates,
perform all the duties contemplatedby the sta-
tute and thereby 'earn' the fees prescribedwhe-
ther or not there is issuance of a certificate
or permit sought?
"2. Should such prescribed fees forwarded
with proper applicationsfor teacher certificates
or permits that may be on deposit in a suspense
fund and all such'prescribedfees which may be
received in the future be deposited direct to the
proper account in the State Treasury?"
You have called our attention to the following perti-
nent portions of the Teacher CertificationAct of 1955 (Art.
2891b, V.C.S.):
HonorableJ. W. Edgar, page 2 (WW-1078)
YSection 3. No applicant shall re-
ceive a teacher cekificate of any class or
kind, except as otherwise provided herein,
without first depositing with the State Com-
missioner of Educatfon the applicationfee
prescribed to be paid under ,theprovisions
of this Act for the particular type or class
of certificaterequested, . 0 .
"The provisional certificateshall be per-
manent 0 . . An applicationfee of Two Dollars
shall be paid by each applicant for the certi-
ficate provided for herein,
"Sec. 9. .,The professionalcertifi-
cate shall be pi&anent o e D An application
fee of Three Dollars shall be paid.by each
applicant for the certif:Lcateprovided for here-
in.
"Sec. 11. An emergency ermit to teach,
valid for not more than one (P ) scholastic
year . o o An applicationfee of One Dollar
shall be paid by an applicant for the permit
authorized herein, and for each necessary re-
newal thereof*
"Sec. 13 (c). Any person who applies
for a Texas teacher certificateon creden-
tials from another State, 0 0 . may be issued
. an emergency permi.t. Provided
h&her, the applicant shal:L*b~iequired to
pay a fee of Two Dollars for the permit au-
thorized herein, and a further fee for the
issuance of a valid Texas teacher certificate
when he qualifies and makes app.Licationthere-
for, and in the amount provided .inthis Act.
"Sec. 12, Transit.i.cn
CerttificareIssuance.
"0 . .
HonorableJ. W. Edgar, page 3 NW-10781
"(7) . . . Provided further, that there
shall be no fee charged for the application
or issuance of the class of new (transition)
certificateauthorized to be issued under the
subdivisionof this section."
This office has long taken the position that teachers'
certificateand permit applicationfees are earned by the Texas
EducationAgency when that agency processes the application.
AttorneyGeneral's Opinion No, R-1839 (1949);Attorney General's
OpinionNo. O-7221 (1946). Although there have been a number
of minor changes in the pertinent statutes since those opinions
were rendered,none of them would seem to bear so directly upon
this question as to warrant discussion. The answer to your first
questionis therefore "yes", that such fees are earned regardless
of whether or not a certificate or permit is issued.
In answer to your second question, it is our opinion
that the fees so collected should be deposited directly to the
proper account in the State Treasury. Since the fees are earned
even should no certificateor permit issue, there is no need for
placing them in a suspense fund. Attorney General's Opinion
No. R-1839 (1949)similarly dealt with this question.
The Texas Education Agency, by processing
and evaluatingapplicationsfor teachers'
certificatesand ermits, becomes entitled
to retain the appfication fees im osed by
the Tea~cherCertificationAct of P955 (Art.
2891b, V.C.S.). Such applicationfees a.re
not to be returned to the applicant if no
certificateor permit is issued. They are
to be deposited directly to the proper ac-
count in the State Treasury. The use of a
suspense fund is not neceszary.
Yours very truly,
WILL WILSON
Gilbert Hargrav
GH:hmc
Honorable J. W. Edgar, page 4 (~-1078)
APPROVED:
OPINION COMMITTEE:
W. V. Geppert, Chairman
Fred Werkenthin
Thomas Burros
W. Ray Scruggs
;;VIEWED FOR THE ATTORNEY GENERAL
: Morgan Nesbitt