August 20, 1971 

Honorable Bevington Reed Opinion No. M-940 

Commissioner of Higher 

Education Re: 

Coordinating Board 

Texas College and University 

System 

P. 0. Box 12788, Capitol Station 

Austin. Texas 78711 

Fees and tuitions which may be 

be charged by public junior colleges; and, the nature of education programs in nursing within 

contemplation of Section I(a)( lo), 

Article 2654c, Vernon’s Civil 

Statutes. 

Dear Commissioner Reed: 

You have requested the opinion of this office as to the effect of certain aspects of House Bill No. 43 and Senate Bill No. 1036 (Acts 62nd Leg., 

R. S. 1971. ) Specifically, you ask our opinion as to the following questions: 

“1. Are public junior colleges in’ Texas authorized 

to charge tuition in amounts which are more 

than the rates specified in House Bill No. 43 and 

Senate Bill No. 1036, 62nd Legislature, Regular 

Session, 1971? 

“2. Are public junior colleges in Texas authorized to 

charge fees other than tuition in amounts authorized by the governing boards of public junior colleges in Texas? 

“3. What educational programs in nursing are included 

in this phrase, ‘. . . school of nursing . . . . ’ as 

contained in Section l(a)( 10) of Article 2654c, Vernon’s 

Civil Statutes, as amended by House Bill No. 43, 62nd 

Legislature, Regular Session, 1971?” 

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Honorable Bevington Reed, page 2 (M-940) 

Any requirement which may fall upon the governing boards of the 

various public junior colleges in this State to set tuition and fees in accordance 

with the tuition rates for State institutions of collegiate rank as set forth in 

Article 2654c, Vernon’s Civil Statutes, would be to qualify them for biennial 

appropriations from the State Treasury. This was the clear import of Articles 28153-l and 2, Vernon’s Civil Statutes, now supplanted by Section 51. 003, 

Texas Education Code. In its original form, Section 51. 003 retained the substantive intent of its predecessor statute that the amounts required to be collected from junior college students would have to be at least as high as the 

senior colleges and universities in order to qualify for receipt of additional 

appropriations. This is made apparent since legislative appropriations to 

junior colleges are supplemental to and limited by the income derived from 

tax levies and tuition and fee charges. 

Section 51. 003, supra, was amended by the aforementioned House 

Bill No. 43, which was in turn amended by Senate Bill No. 1036, also referred to above. As it relates to the question before us, the relevant portion 

of Section 51. 003 now reads as follows: 

” (b) To be eligible for and to receive a proportionate 

share of the appropriation, a public junior college must: 

11 

. . . 

II 

. . . 

II 

. . . 

“(4) collect, from each full-time and part-time student 

enrolled, matriculation and other session fees in the 

amounts required and provided by law for other Statesupported institutions of higher education , . . . I’ 

(Emphasis added. ) 

The underlined portion was carried in original Articles 2895j-1 and 2, supra, 

using the following language: 

‘1. . . It shall be mandatory that each institution participating in the funds herein provided shall collect from 

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Honorable Bevington Reed, page 3 (M-940) 

each pupil enrolled, matriculation and other session 

fees not less than the amounts provided for by law and 

and by other state supported institutions of higher learning; . . . ” (Emphasis added. ) 

When the Texas Education Code was enacted by the 61st Legislature in 

1969, Section 51. 003 thereof replaced Articles 2815j-1 and 2, supra, and 

set up qualifications for appropriations to public junior colleges in Section 

(b), which provides, in part, for the college to: 

“(4) collect, from each full-time and part-time student 

enrolled, matriculation and other ,session fees in the 

amounts required and provided by law for other Statesupported institutions of higher education; . . . ” 

The above set out genealogy of the statute points out very simply 

what the governing boards of public junior colleges must do to qualify for 

biennial appropriations from the State Treasury. These appropriations have 

been, and are now, supplemental in nature, Section 51. 003 (a), Texas Education Code, and are based upon need for proper support, maintenance, operation, and improvement of said junior colleges. This office is therefore of 

the opinion that your first two questions can be answered in the affirmative. 

You are accordingly advised that it is the opinion of this office that H. B. 43 

and S. B. 1036, 62nd Leg., R. S. 1971 (amending Section 51.003, Texas Education Code) established minimum fees, including tuition, that must be charged 

by public junior colleges in Texas, and that the governing boards of such institutions may authorize fees, including tuition, which are above the minimums 

established by the said H. B. 43 and S. B. 1036. 

Your third question in essence, asks for a definition of the term 

“school of nursing. ” In line with our answer to your first two questions, we 

presume that you ask this third question for the purpose of deciding when the 

governing boards of public junior colleges must charge the minimum fee set out 

in Section l(a)( 10) of Article 2654~. Vernon’s Civil Statutes, as amended by 

House Bill No. 43, 62nd Legislature, Regular Session, 1971. 

Article 4518, Vernon’s Civil Statutes, assigns to the Board of Nurse 

Examiners the duty to accredit “schools of nursing and educational programs” 

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Honorable Bevington Reed, page 4 (M-940) 

as meet its requirements set out in previously published minimum,requirements and standards for courses of study in programs which prepare professional nurse practioners. Section 5(a) of Article 4528c, Vernon’s Civil 

Statutes, assigns to the Board of Vocational Nurse Examiners the duty to 

accredit schools for the training of vocational nurses. It is therefore the 

opinion of this office that a “school of nursing” as set out in Section l(a) 

(10) of Article 2654c, supra, must be one carrying an accreditation of its 

program from either the Board of Nurse Examiners, or the Board of Vocational Nurse Examiners. 

SUMMARY 

1. Public junior colleges in Texas may charge 

tuition in amounts which are greater than the rates specified in House Bill No. 43 and Senate Bill No. 1036, 62nd 

Legislature, Regular Session, 1971. 

2. Governing boards of public junior colleges in 

Texas may authorize the charging of fees other than tuition. 

3. Educational programs in nursing included in the 

phrase “school of nursing” are those courses of study in a 

school of nursing receiving Taccreditation from the Board of 

Nurse Examiners, or the Board of Voca&onal Nurse Examiners. 

Ve / truly yoursA 

$$?i+.$!&qa 

AWF RD C. MARTIN 

Attorn& General of Texas 

Prepared by Malcolm L. Quick 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

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Honorable Bevington Reed, page 5 (M-940) 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

William Craig 

Ray McGregor 

S. J. Aronson 

Rex White 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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