August 20, 1971

Honorable Bevington Reed Opinion No. 

### M-940 Commissioner ofHigher

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 innursing within contemplation ofSection I(a)(lo), Article 2654c, Vernon’s Civil Statutes. Dear Commissioner Reed:

You have requested the opinion ofthis office as to the effect of certain aspects ofHouse 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 inHouse Bill No. 43 and Senate Bill No. 1036, 62nd Legislature, Regular Session, 1971?

“2. Are public junior colleges inTexas authorized to

charge fees other than tuition in amounts authorized by the governing boards ofpublic junior colleges inTexas?

“3. What educational programs innursing are included

inthis phrase, ‘. . .school of nursing . . . .’as contained inSection 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 ofthe various public junior colleges inthis State to set tuition and fees inaccordance 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 ofArticles 28153-l and 2, Vernon’s Civil Statutes, now supplanted by Section 51. 003, Texas Education Code. Inits 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 tobe 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 inturn 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 aproportionate share ofthe appropriation, apublic junior college must: 11

. . . II

. . .
II

. . .

“(4) collect, from each full-time and part-time student enrolled, matriculation and other session fees inthe amounts required and provided by law for other Statesupported institutions ofhigher education , . . .I’ (Emphasis added. ) The underlined portion was carried inoriginal Articles 2895j-1 and 2, supra, using the following language:

‘1. . . It shall be mandatory that each institution participating inthe 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 upqualifications for appropriations to public junior colleges inSection (b), which provides, inpart, for the college to:

“(4) collect, from each full-time and part-time student enrolled, matriculation and other ,session fees inthe amounts required and provided by law for other Statesupported institutions ofhigher education;
. . .” The above set out genealogy of the statute points out very simply what the governing boards ofpublic junior colleges must doto qualify for biennial appropriations from the State Treasury. These appropriations have been, and are now, supplemental innature, 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 twoquestions can be answered inthe affirmative. You are accordingly advised that it is the opinion ofthis 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 inTexas, 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 ofthe term
“school of nursing. ” Inline with our answer toyour 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 inSection 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 inpreviously published minimum,requirements and standards for courses of study inprograms which prepare professional nurse practioners. Section 5(a) ofArticle 4528c, Vernon’s Civil Statutes, assigns to the Board ofVocational Nurse Examiners the duty to accredit schools for the training ofvocational nurses. It is therefore the opinion ofthis office that a “school ofnursing” as set out inSection l(a) (10) ofArticle 2654c, supra, must be one carrying anaccreditation of its program from either the Board ofNurse Examiners, or the Board ofVocational Nurse Examiners. SUMMARY

1. Public junior colleges inTexas may charge tuition in amounts which are greater than the rates specified inHouse 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 innursing included inthe phrase “school of nursing” are those courses of study ina school of nursing receiving Taccreditation from the Board of Nurse Examiners, or the Board ofVoca&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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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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