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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVERSELLERS
ATrORNEY
Oma3tA.I
Honorable Theophllus 5'.Painter
Aoting Preeident
ot Texas
Un1var'slt.y
Austin, Texas
Dear Sir: city or Texaa
e with Publio Law No.346
78th Congress.
an opinion, the last
d ii YOU ~0uid
ua whether or not phe
r in-
F?tate-supported
ng in Texas nag legally
s Administration payments
struotion 810.6 and the
roh 7, 1945,
eduoation end training to veterans
in accordance with Publio Law No.
Paragraph l-k (2) of the Veterans Administration Servloe
Letter of Earoh 7, 1945, as quoted ln your letter, states:
"In the case of ?tate and municipal sohools,
collages, or universities, and other approved
institutions -<&:.ch -esitie;lt
have non-* tuition fees,
Hon. Thaophilus ?, I-;ainter,
page 2
tha ohargea far auah tuition, laboratory, library,
health, lnflrmary and other aImIlar fees whloh were
In erreot prior to June 22, 1944, or aa may be ea-
tabliahed arter said date ii applloable to all
olassea of studenta are determined as the ouatomary
ohargea for all veteran traineea exoept that the
oharge ior the tuition fee of a rull-time veteran
trainee ahall bo not less than $15.00 per month
($45.00 per quarter or $60.00 par aameater), pro-
vided that the ohargea are not In oonfliot with
lxIstlng law8 or other legal requIremanta. Und*r
thia provision a lohool may not oharge to a real-
dant veteran auoh part of a non-realdant tuition
fae 88 ~111 rerult in a oharge In exoaae or $500.
for an ordinary whaol year.*
Paragraph S or Part VXII, Paterena Regulation Ro. l(a),
aa amended by Pub110 Law 346, 78th Congreaa, protides a8 rollowe:
*The AdmInIatrator ahall
pep to the rduoational
or training InatItutlon,for eaoh paraon enrolled In
full time or part time oourae of education or train-
ing, the ouatomary ooat of tuition, ad suoh labora-
tory, library, health, infirmary, and othar lImIlar
teea aa are ouatcaaarily oharged, and may pay ior booka,
ru~pllas, equipment,and other neaeaury lxponaom, ex-
olualre or board, lodglna, other living expenaee, and
trawl, .a8 are generally required for the suooaaarul
pureult and completion of the oamm by other studenta
In tho Inatitutlon: Prorided, That In no event ehall
auoh pamentr, with re8peot to any p8rson, exooed
$500 ror an ordinary aohool year: Provided further,
That no payments ahell be made to Inatltutlona, bual-
naaa or other oatablIahmentr rurnishlng apprentice
training on the jobr And provided rurther, That Ii
any auah inatftution has no eefablIahed tuition fee,
or ii it8 established tuition tee shall be round by
the Administrator to be Inadequate oompenaetion to
auah institution ror rurniahlng suoh education or
training, he is authorized to provide for the payment,
with respeot to any auoh peraon, of auoh fair and
reasonable oampensation as will not exoeed $500 for
an ordinary rohool year.”
HO>?.Thsoc~hilus ". I'aintcr,page 3 ‘744
Article 2654b-1 of Vernon*s Annotated Clril Ftatuter
provides for the exemption of oertafn veterans from the payment L
of dues, fees, and ohargea at State Institutiona of oolleglato
renh supported In nQole or In part by pub110 funds appropriated
from the State %eaaury. Senate Bill No. 338, Aots of the 49th
Le~ialatu.re (19&5), amended this Artlole by adding a new aeotion,
which read8 as ron0wat
*Sea. 4. The exemption from the peyment or dues,
roes, and ohergea as provided hereinabove in Seotlon 1
and Seotlon 3 of this Article shall not apply to or
include honorably dlaohargod members of auoh United
States Armed Foroea, or other persona hereinabove
nemed, who are eligible ror eduoatlon or training bano-
rite provided by the Unitad States t?orernmnt under
Pub110 Law No. 16, 78th Congress, or amm&entr thereto,
or under Pub110 Law No. 346, 78th Congreaa, or amond-
mnta thereto, or under any other Fedora1 legislation
that may be in foroa at the tfae oi registration In
the oollegr oonoerned or auoh ex-aenloe man or woman.
As to all ox-8erVloemen or wanen aa derinoa in this
se&ion, the gorrrning boards of oaoh of the several
lnatitutlona of oolleglaterank, aupportod In whole
or in part by public fundr appropriated from the State
Treasury, are hereby authorized to enter Into oontraota
with the United Statoa Government, or any of Itm agan-
olea, to rurniah Instruotlon to suoh ox-aonloe men and
w-en at a tuition rate whloh oovera the estlmatod ooet
of auoh lnatruotlonor, in the altematlr~, at a WItIon
rate of One Hundred Dollars ($100.00)a semester, aa mar
be determined by the governing board of the Inatltutlon
ocmoernedl? provided, however, that lr auoh rates a8
herein sp6olfled are prohibited by Federal law for any
partioular olass of ex-aenloo man or women, then, and
in thet event, the ,tuIflonrata slxl.1be suoh rate aa
may be agreed to by aald governing boarda, but in any
event not leas than the eatabllshed ratea for olvillan
atudenta; protided rurther that should the Federal 2.m~
provide as to any olaaa of veterans that such tuition
payments are to be deduoted rrom any subsequent bene-
fits whloh said veteran may be hereafter entitled to
receive, the educational institution oonoerned la
hereby suthorlaad and directed to rai’und to any veteran
who la a resident of Texas within the meaning of this dot
the amount by whioh any adjusted oaapenaatlon patient la
hereafter actually reduoed on aooount of tuition payments
made by the Federal government to euoh eduaetlonal lnatl-
tution ror euoh rateran.W
Hon. Theophilua 3. Painter, page 4
It Is apparent from the above that the State Legla-
latum waa cognlaant OS the prcvlalona OS Pub110 Law 346 at
the time it eneotad the quoted amendment of artlsle Z6!54b-1
and that the leglalatlve intent was to exolude from the atat-
utory tee exemption all peraona eligible for eduaatlon or
training under Public Law 346.
As to veterans eligible undar Fublio Law 346, tha
stats law apeolrioally authorlzea the governing boarda, of state
fnatltutlona to enter into oontraeta with the United States
Government, or any of its agenolea, to furnish lnatruation
(1) vat a tuition rate which oovera the eatlmated ooat of auoh
lnatruotlonw, or, ln the llternatlve, (8) Wat a tuition rate of
One IIundrsd Dollars ($100.00) a remeater”, a8 may be detenxlned
by the governing board of the lnatitutlon oonoerned. However,
the stats law further p~rovldea tbet, if ruoh rates are npre-
hlblted by Federal law for any partloular 0188~ of ex-aenloe
men or wome~,~ then, the tuition rate anal1 bo augh rate as
may be agreed to by aald governing beards, but in any event
not lean than the established Irtali for olvlllan students.
Although the governing board 1s olearly authorlaed
to reoelve a hlnher rate than the ouatomary tuition fee, tha
statute plaoea two limitations on the board’s authority: (1)
by lmpllcatlon, the goverolng board oannot eooept leas than
the *estimated costR of auoh lnatruction. or. in t~lternatlve.
$100 a aemeater, as may be determined byVtheVgoverning board 1
oonoerned, unless auoh rates are *prohibited by Federal law
for sly parT%iEr olaaa or 8x-aervloemen or ~3men1;~(8) Sy
express provision, the governing board oannot, in any event;
aooept “less then the eatabllahed rates for olvilian atudenta.v
As to the rlrat 1lmitatLon stated above, the quea-
tlon turns on the rneanlngof the phrase wprohlbit8d by Federal
law .I Suoh rstca are not expreaely prohibitedby Pub110 Law
346 beoauae it oontalna a provision that if the eatabllahed tul-
tlon fee snail be found by the Administrator to be l~nadequate
oompenaatlon, he 1s autkorleed to provld,e for payment of auoh
*ralr and reasonable oompenaation* as will. not exoeed $UOO
for an ordinary a09001 year. Fowever, oonstrulng the state
statute ae e whole, end considering the purposes aought to be
acconpllahsd by the Lepjslature. it la our opinion that the
Leglaiature intended that if, in the opinion of the Veterans
AdmlnlstratOr, suoh ratea woul?! be *prohibited by Federal
Hon. Theophllus S. Painter, page 8
law,” that is, if not aooeptable td the Veterans Administrator
bsaeuae found by him to be in exoeaa of “fair and reasonable
o:mpenaation* or prohlblted by any other llmltation upon his
authority, then the governin& board oonoerned would be auth-
orized to aooept any rate agree6 to by the governing board and
the Veterans Administrator, but in any event not leas than the
establlahed ratea ror olvlllan students.
As to the aeoond 1imLtatlon stated above, it olearly
appears that the respective governing boards heve no authority
to agree to a rate whloh 1s leas then the WeatabliaheU rates
for olvlllan atudenta.R
Therefore, in our opinion, aubjaot to the limita-
tlona stated above, the Unlveralty Of Texas and other State-
supported lnatltutlona of higher learning in Texas may, in
the dlaontlon of the reapeotlve governing boards of aaah
lnatltutlons, legally reoelve from the Veterans Admlniatmtlon
payments of rates apeolfled in aald Inatruotlon and Senloe
Letter, for furnishing eduoatlon and %ralnlng to veterans of
World Yiar IX ln aooordanoe wlth Pub110 Law Ro. 346 of the 78th
Oongreaa.
Ioura very truly,
CENXRALOF TEXAS
ATTORlVET
.,.,