Honorable J. K. Williams 

Chancellor 

Opinion No. H-1029 

Texas A 6 M University System 

College Station, Texas 77043 

Re: Compulsory fees for 

off-campus students at 

state supported universities. 

Dear Mr. Williams: 

You have requested our opinion regarding the application 

of section 54.503(b) of the Education Code to university students who receive instruction off-campus. That statute provides: 

(b) The governing board of an institution of higher education may charge and 

collect from students registered at the 

institution fees to cover the cost of 

student services which the board deems 

necessary or desirable in carrying out 

the educational functions of the institution. The fee or fees may be either 

voluntary or compulsory as determined by 

the governing board. The total of all 

compulsory student services fees collected 

from a student for any one semester or 

summer session shall not exceed $30. All 

compulsory student services fees chargx 

and collected under this section by the 

overning board of an institution of 

lgher education, other than a public 

junior college, shall be assessed In 

proportion to the number of semester 

credit hours for which a student registers. No fee for parking Services Or 

facilities may be levied on a student unless the student desires to use the parking facilities provided. 

(Emphasis added). Specifically, you ask whether the compulsory student services fee authorized by section 54.503(b) may 

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Honorable J. K. Williams - Page 2 (H-1028) 

be waived or modified for students "who do not have physical 

access to use facilities by reason of being off-campus for : 

instruction." 

In Attorney General Opinion H-284A (1974), we held that 

the student services fee must "be charged proportionately according to the number of semester credit hours for which a 

student registers." H-284A (1974) at 2. This result was 

enacted into law in an amended version of section 54.503(b). 

Acts 1973, 63rd Leg., ch. 641, at 1759. Subsequently, the 

Coordinating Board, Texas College and University System, promulgated rules which impose limitations upon the power of a 

governing board to waive or modify fees. The Board defined 

two types of "off-campus" courses: "extension" and "resident" 

courses. As to off-campus resident courses, the Board has 

directed that 

public senior institutions . . . require 

the same tuition, building use fees and 

student service fees as those charged for 

the same credit courses on campus. 

Rule 251.02.12.001(d) (Z), Rules, Coordinating Board, Texas 

College & University System. In addition, the Board's rules 

require that "(clertain types of instruction not conducted at 

an official location may be treated as 'on-campus'." Rule 

251.02.12.001(b). Examples of such instruction include "Isltudent teaching, internships, clinical instruction, practicums, 

and field courses. . . ." Id. It is evident that the Board 

intended that students registered for such "on-campus" courses 

should be subject to the student services fee. 

In our opinion, however, the Coordinating Board lacks 

the authority to promulgate these rules. The Board has been 

given no general control over public senior institutions in 

this area. See Education Code,, S 61.021. Section 61.051(j) 

of the Educamn Code, enacted in 1975, does not furnish such 

authority because it addresses the question Of course Offerings rather than imposition Of fees. It provides merely that 

(n]o off-campus courses for credit may be 

offered by any public college or university 

without specific prior approval of the 

board. The board shall establish regulations for the coordination of credit and 

non-credit activities of adult and continuing education by public colleges and 

universities. 

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Honorable J. K. Williams - Page 3 (H-1028) 

Section 54.503(b), by contrast, clearly indicates that L 

the "governing board of [each] institution" shall set the 

student services fee. In Letter Advisory No. 6 (1973) at 2, 

in discussing the scope of the governing board's authority 

under section 54.503(b), we stated that 

[tlhe governing board of an institution 

of higher education, in adopting rules and 

regulations for its operation, exercises 

delegated legislative powers, and in the 

absence of a clear showing that it has 

acted arbitrarily or has abused the authority vested in it, the courts will not 

interfere. 

See Foley v. Benedict, 55 S.W.Zd 805, 810 (Tex. Comm'n App. 

m2, opinion adopted). In Attorney General'Opinion H-284A 

(19741, we recognized that, within the guidelines of the statute, each governing board may prescribe its own fee. Provided that the fee does not exceed $30 per student per semester, and so long as it "be charged proportionately according 

to the number of semester credit hours for which a student 

registers," we believe that the governing board may waive or, 

modify the student services fee in appropriate circumstances, 

including those in which a student does "not have physical 

access to use facilities by reason of being off-campus for 

instruction." 

SUMMARY 

Within the guidelines of section 54.503(b) 

of the Education Code, the governing board 

of an institution of higher education may 

waive or modify the student services fee 

for students who do not have physical access 

to use facilities by reason of being offcampus for instruction. The Coordinating 

Board is not empowered to promulgate rules 

governing the imposition of such fees. 

JOHN L. HILL 

Attorney General of Texas 

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Honorable J. K. Williams - Page 4 (H-1028) 

APPROVED: 

C. ROBERT HEATH, Chairman 

Opinion Committee 

klw 

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