aU4b 

T~EATTORNEY GENERAL 

OF 7lrExA8 

June 21, 1961 

Honorable J. W. Edgar Opinion No. WW-1078 

Commissioner of Education 

Austin, Texas Re: Whether the Texas Education 

Agency, by processing and 

evaluating the application 

for teacher certificates or 

permits authorized under Art. 

2891b, V.C.S., other than 

transition certificates, performs all the duties contemplated by the statute and 

thereby earns the fees prescribed whether or not there 

is issuance of the certificate 

Dear Mr. Edgar: or permit sought, 

owe have received your letter of Way 30, 1961, in 

which the following questions are set forth: 

"1 . Does this State Agency, by processing 

and evaluating the applications for teacher certificates or permits authorized under Article 

2891b, V.C.S. other than transition certificates, 

perform all the duties contemplated by the statute and thereby 'earn' the fees prescribed whether or not there is issuance of a certificate 

or permit sought? 

"2. Should such prescribed fees forwarded 

with proper applications for 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 attention to the following pertinent portions of the Teacher Certification Act of 1955 (Art. 

2891b, V.C.S.): 
Honorable J. W. Edgar, page 2 (WW-1078) 

YSection 3. No applicant shall receive a teacher cekificate of any class or 

kind, except as otherwise provided herein, 

without first depositing with the State Commissioner of Educatfon the application fee 

prescribed to be paid under ,the provisions 

of this Act for the particular type or class 

of certificate requested, . 0 . 

"The provisional certificate shall be permanent 0 . . An application fee of Two Dollars 

shall be paid by each applicant for the certificate provided for herein, 

"Sec. 9. ., The professional certificate 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 

P 

ermit to teach, 

valid for not more than one ( ) scholastic 

year . o o An application fee of One Dollar 

shall be paid by an applicant for the permit 

authorized herein, and for each necessary renewal thereof* 

"Sec. 13 (c). Any person who applies 

for a Texas teacher certificate on credentials from another State, 0 0 . may be issued 

. an emergency permi.t. Provided 

h&her, the applicant shal:L*b~ iequired to 

pay a fee of Two Dollars for the permit authorized herein, and a further fee for the 

issuance of a valid Texas teacher certificate 

when he qualifies and makes app.Lication therefor, 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 authorized to be issued under the 

subdivision of this section." 

This office has long taken the position that teachers' 

certificate and permit application fees are earned by the Texas 

Education Agency when that agency processes the application. 

Attorney General's Opinion No, 

Opinion No. O-7221 (1946). 

R-1839 (1949); Attorney General'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 directly upon 

this question as to warrant discussion. 

question is therefore "yes", 

The answer to your first 

that such fees are earned regardless 

of whether or not a certificate or permit is issued. 

In answer to your second question, it is our opinion 

that the fees so collected should be deposited directly to the 

proper account in the State Treasury. Since the fees are earned 

even should no certificate or permit issue, there is no need for 

placing them in a suspense fund. Attorney General's Opinion 

No. R-1839 (1949) similarly dealt with this question. 

The Texas Education Agency, by processing 

and evaluating applications for teachers' 

certificates and ermits, becomes entitled 

to retain the app f ication fees im osed by 

the Tea~cher Certification Act of P 

2891b, V.C.S.). 

955 (Art. 

Such application fees a.re 

not to be returned to the applicant if no 

certificate or permit is issued. They are 

to be deposited directly 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:hmc 
Honorable J. 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