TIEEE ATFOEZNEY GENERAL
OF -XAS
Ausm~.T-R 78711
October 17. 1975
The Honorable Bevington Reed Opinion No. H- 722
Commissioner
Coordinating Board Re: Tuition rate for non-resident
Texas College and University System junior college students.
P. 0. Box 12788, Capitol Station
Austin, Texas 78711
Dear Dr. Reed:
You ask our opinion on whether a recent amendment concerning foreign
student tuition has any effect on non-resident student tuition at public junior
colleges.
Prior to the amendment, public junior colleges which desired state
appropriations were required to charge minimum non-resident tuition rates
in accordance with a schedule “frozen” as of January 1, 1971. Education Code
$ $ 54.051(j); 130. 003(b)(4). Acts 1961, 57th Leg., ch. 436, p. 999.
The title to the amendment about which you inquire, Acts 1975, 64th Leg.,
ch. 515, p. 1358, states in pertinent part:
An Act relating to the tuition fees institutions of higher
learning collect from students who are citizens of any
country other than the United States of America; amend-
ing Subsections (h), (i), and (p), Section 54.051 Texas
Education Code, as amended. , . .
The Act amends subsection (h) of Section 54.051 in pertinent part as
follows:
(h) Tuition for students who are citizens of any country
other than the United States of America is the same as
tuition required of other non-resident students. However,
the governing board of an institution of higher education
may set a lower fee for a foreign student, based on financial
need. . . . The lower fee in any case shall not be less than
$14 per semester credit hour, and the total of such charges
shall not be less than $ 200 per semester or 12 week summer
ps 3092
The Honorable Bevington Reed - page two (H-722)
session, and not less than $100 per 6 week
summer term.
Your question is whether the amendment’s requirement that foreign
student tuition be the same as non-resident student tuition, coupled with a
minimum for lowered foreign student tuition, changes the prior minimum
which public junior colleges could charge non-resident students.
Neither the title nor the terms of the amendment makes reference to
section 130. 003, nor is there any mention of a change in non-resident tuition
rates. Implied repeals are not favored under Texas Law. 53 Tex. Jur. 2d
Statutes § 102. We do not believe the Legislature intended by this amendment
to alter the minimum tuition rates which a junior college may charge non-resident
students under section 130. 003 of the Education Code.
In our opinion, the amendment to section 54. 051 of the Education Code,
contained in Acts 1975, 64th Leg., ch. 515, p. 1358 does not affect the min-
imum non-resident tuition rate for junior college students permitted under
section 130. 003(b)(4).
SUMMARY
An amendment establishing foreign student ‘~
tuition rates does not affect the minimum tuition
rates a junior college may charge non-resident
students.
v Attorney General of Texas
=A
irst Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jad:
p. 3093
Untitled Texas Attorney General Opinion
Combined Opinion