June 6, 1974
The Honorable Bevington Reed Opinion No. H- 322
Commissioner, Coordinating Board
Texas College & University System Re: Whether tuition equalization
P.O. Box 12788, Capitol Station grants (Sec. 61.228, Texas Educa-
Austin, Texas 78711 tion Code) may be extended to
graduate students.
Dear Dr. Reed:
In 1971 the Texas Legislature adopted a program of tuition equalization
grants designed to aid needy students in approved private Texas colleges and
universities in meeting their financial affairs. (Acts 1971. 62nd Leg.,
ch. 828, p. 2529).
In 1973 the program was re-enacted as subchapter F of Chapter 61
of the Education Code (Acts 1973, 63rd Leg., ch. 51, ‘p. 78) and now appears
as Sections 61.221 through 61.229 of the Education Code.
Eligibility for the grants is set out in Sec. 61.225:
To be eligible for a tuition equalization grant, a person must:
(1) be a Texas resident as defined by the coordinating
board and meet, at a minimum, the resident requirements
defined by law for Texas resident tuitions in fully state-
supported institutions of higher education: ”
(2) be enrolled as full-time student in an approved
college or university;
(3) be required to pay more tuition than is’ required
at public college or university:
p. 1488
The Honorable Bevington Reed page 2 (H-322)
(4) establish financial need in accordance with pro-
cedures and regulations of the coordinating board;
(5) not be a recipient of any form of athletic scholar-
ship; and
(6) have complied with other requirements adopted
by the coordinating board under this subchapter.
The 1971 Act called for implementation of the Act gradually, starting
with freshmen that year. The 1973 Act incorporated the same provisions
as Sec. 61.228’of the Code::
Sec. 61.228. Implementation of Grant Program
This subchapter applies to freshmen (first year)
students beginning at the fall se,mester of 1971; to
freshmen and sophomores in 1972; to freshmen,
sophomores, and juniors in 1973; and to all students
attending approved private institutions in 1974 and there-
after.
You have asked whether the statute extends eligibility in 1974-1975 to
eligible students enrolled in graduate and professional schools.
The captions of the 1971 and 1973 acts shed no light. We are relegated
to the language of each statute, therefore, in determining coverage.
Section 61. 228, supra, makes the program available to “all” eligible
students in 1974 and thereafter.. “All” must be given its ordinary meaning.
Article 10. V. T. C. S. It means “The whole number, quantity or amount. ”
Webster’s New International Dictionary, 2d Ed. It means, in 1974 and there-
after, all the students in being who meet the eligibility requirements of
Sec. 61.225.City of Alamo Heights v. Gerety, 264 S. W. 2d 778 (Tex. Civ.
APP. s San Antonio, 1954, no writ his&) After 1973, Section 61.228 no longer
imposes any limitation based on the students! class.
p. 1489
The Honorable Bevington Reed page 3 (H-322)
For us to hold that in 1974 and thereafter the tuition equalization
grant program did not apply to graduate students and students in professional
schools would require that we read into the law something which is not there
and has not been expressed by the Legislature.
SUMMARY
In 1974 and thereafter, the tuition equalization
grant program (Sets 61.225, et seq. Education
Code, V. T. C.S.) is available to graduate and
professional students who meet the statutory
requirements.
Very truly yours,
L. HILL
orney General of Texas
AP D:
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1490
Untitled Texas Attorney General Opinion
Combined Opinion