THEATTORNEYGENERAI.
OF TEXAS
BVILL WILSON
A-rroRNEY GENERAL January 3, 1961
Honorable Charles L. Morris
Executive Director
Veterans Affairs Commission
Austin, Texas
Opinion No. WW-977
Re: Whether the University
of Houston Is legally re-
quired to grant to certain
veterans the right of
exemption from payment
of tuition fees and
charges in accordance with
Article 2654b-1, Vernon's
Dear Mr. Morris: Civil Statutes.
We are In receipt of your letter In which you request
an opinion of this office as to "whether the University of
Houston is legally required to grant to certain veterans
the right of exemption from payment of tuition fees and
charges In accordance with Article 265&b-1 of Vernon's
Annotated Civil Statutes (also known as the Hazelwood
Act)."
Article 2654b-1 reads in part as follows:
"Section 1. The governing boards of the
several Institutions of collegiate rank, support-
ed in whole or In part by public funds appropriated
from the State Treasury, are hereby authorized and
directed to except and exempt all citizens of Texas,
who have resided in Texas for a period of not less
than twelve (12) months prior to the date of regis-
tration, and who served during the Spanish-American
and/or during the World War as nurses or In the
Armed Forces of the United States during the World
War and who are honorably discharged therefrom, and
who were bona fide legal residents of this State at
the time of entering such service, from the payment
of all dues, fees and charges whatsoever; . . ."
Honorable Charles L. Morris, Page 2 (WW-qi"?')
Article 2654b-1 is In Title 49 of Vernon's Annotated
Civil Statutes entitled Education-Public. This title is
divided into 22 Chapters and the Article In question Is In
Chapter 9A entitled Tuition and Control of Funds of State
Institutions.
The first article In Chapter 9A is Article 2654a which
reads in part as follows:
"Section 1. No state educational ln-
stitution shall collect from the student there-
of any tuition, fee or charge of any kind what-
ever except as permitted by law, and no student
shall be refused admission to or discharged
from any such institution for the non-payment of
any tuition, fee or charge except as permitted
by law.
"Sec. 3. The words 'state educational
Institutions' as used in this Act shall Include
the following and any branch thereof: The
University of Texas; the Agricultural and Mechan-
ical College of Texas; Texas Western College;
Tarleton State College; Arlington State College;
Prairie View Agricultural and Mechanical College;
Texas Technological College; Texas Southern
University; Texas WomanB University; Texas
College of Arts and Industries; Lamar State Col-
lege of Technology; North Texas State College;
Stephen F. Austin State College; Sul Ross State
College; West Texas State College; East Texas
State College; Sam Houston State Teachers College;
Southwest Texas State College; Midwestern Univer-
sity; and any other state educational Institutions
either heretofore provided for or hereafter to be
provided for under the Laws of this state."
Article 2654b was first enacted by the Forty-Third
Legislature in House Bill No. 15 of the First Called
Session. The Caption of this Act reads in part as follows:
"An Act authorizing and directing the
governing boards of the several State support-
ed institutions of collegiate rank to except
and exempt . . ."
- . -,
- Honorable Charles L. Morris, Page 3 (WW-977)
Article 2654b was amended along with Article 2654a
at page 99 of the Acts of 1959, Fifty-Sixth Legislature,
Second Called Session. The Caption of this Act reads in
part as follows:
"An Act relating to tuition and fees
at state-supported institutions of higher
education . . ."
It Is our opinion In reading Chapter 9A as a whole,
along with the Captions to the various Acts included In
this Chapter, that the schools intended to be governed
are the state schools, supported by funds appropriated
from the State Treasury and other public funds, which are
defined In Articles 2654a and 2654c, Vernon's Annotated
Civil Statutes.
The University of Houston receives a junior college
appropriation from the Legislature based upon the fresh-
men and sophomore students. This aid Is used by the
University of Houston to apply on and thereby reduce the
tuition charged for freshmen and sophomore students. This
enables the University of Houston to reduce the tuition in
their junior college division by approximately $150.00 per
academic year. The state funds are therefore used for the
benefit of individual students rather than the University
as a whole. The University of Houston receives no other
public funds, and to this extent is unique since the other
institutions receiving state funds are fully supported by
such funds and other public funds.
In view of these facts and after studying Title 49 of
Vernon's Civil Statutes, particularly Chapter $)A,it is our
opinion that the Intent of the Hazelwood Act was to grant
exemption of tuition to veterans attending state colleges
and universities which are fully supported by State aid and
other public funds.
We therefore answer your question in the negative.
SUMMARY
The University of Houston is not
legally required to exempt the
payment of tuition fees by certain
._
.
Honorable Charles L. Morris, Page 4 (WW-977)
veterans in accordance with Article
265&b-1, Vernon's Civil Statutes.
Yours very truly,
WILL WILSON
Attorney General of Texas
BY
Robert A. Rowland
Assistant
RAR:mm
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John L. E&es
Linward Shivers
B. H. Timmins, Jr.
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore