aU4b 

### T~EATTORNEY GENERAL

OF 7lrExA8

June 21, 1961
Honorable J. W. Edgar OpinionNo. 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 transitioncertificates,performs all the duties contemplated by the statute and thereby earns the fees prescribedwhether or not there is issuance of the certificate Dear Mr. Edgar: or permit sought,

owe have receivedyour letter of Way 30, 1961, in which the following questionsare set forth:

"1
. Does this State Agency, by processing and evaluatingthe applicationsfor teacher certificates or permits authorizedunder Article 2891b, V.C.S. other than transition certificates, perform all the duties contemplated by the statute and thereby 'earn'the fees prescribedwhether 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'prescribed fees which may be received in the future be deposited direct to the proper account in the State Treasury?" You have called our attentionto the followingpertinent portions of the Teacher Certification Act of 1955 (Art. 2891b, V.C.S.):HonorableJ. W. Edgar, page 2 (WW-1078)

YSection 3. No applicant shall receive a teacher cekificate of any class or kind, except as otherwiseprovidedherein, without first depositingwith the State Commissioner of Educatfon the applicationfee prescribedto be paid under ,the provisions of this Act for the particulartype or class of certificaterequested,
. 0
.

"The provisionalcertificateshall be permanent 0
. . An applicationfee of Two Dollars shall be paid by each applicant for the certificate provided for herein, "Sec. 9. .,

The professionalcertificate shall be pi&anent o e D An application fee of Three Dollars shall be paid.by each applicant for the certif:Lcate provided for herein. "Sec. 11. An emergency Permit to teach, valid for not more than one ( ) scholastic year . o o An applicationfee of One Dollar shall be paid by an applicantfor the permit authorizedherein, and for each necessaryrenewal thereof* "Sec. 13 (c). Any person who applies for a Texas teacher certificateon credentials from another State, 0 0
. may be issued

. an emergencypermi.t. Provided h&her, the applicant shal:L*b~ iequired to pay a fee of Two Dollars for the permit authorizedherein, and a further fee for the issuance of a valid Texas teacher certificate when he qualifies and makes app.Licationtherefor, and in the amount provided .in this Act. "Sec. 12, Transit.i.cn Certtificare

Issuance. "0
. .Honorable J. 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) certificate

authorizedto be issued under the subdivisionof this section." This office has long taken the position that teachers' certificate

and permit applicationfees are earned by the Texas Education

Agency when that agency processes the application. AttorneyGeneral'sOpinionNo, OpinionNo. O-7221 

### (1946). R-1839 

### (1949); AttorneyGeneral's 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 directlyupon this questionas to warrant discussion. questionis therefore "yes", The answer to your first that such fees are earned regardless of whether or not a certificateor permit is issued.

In answer to your second question, it is our opinion that the fees so collected should be depositeddirectly to the properaccount in the State Treasury. Since the fees are earned even shouldno certificateor permit issue, there is no need for placingthem in a suspense fund. Attorney General'sOpinion No. 

### R-1839 (1949)

similarlydealt with this question.

The Texas EducationAgency, by processing and evaluatingapplicationsfor teachers' certificates

and ermits, becomes entitled to retain the app

fication fees im osed by the Tea~cher

Certification

Act of P 2891b, V.C.S.). 955 (Art.

Such applicationfees a.re not to be returned to the applicant if no certificateor permit is issued. They are to be depositeddirectly to the proper account in the State Treasury. The use of a suspense fund is not neceszary. Yours very truly, WILL WILSON

Gilbert Hargrav GH:hmcHonorableJ. 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