# TIME A'HTORSEY GENERAL OFTEX.~S

AlTORNRY CRNERAI. July 11,

The Honorable Bevington Reed Commissioner, Coordinating Board Opinion No. H- 61 Texas College and University System P. 0. Box 12788, Capitol Station Austin, Texas 78711 Re: Tuition to be charged by Junior College Districts to persons living in and out ofthe college district. Dear Commissioner Reed: You have requested the opinion ofthis office onthe following questions:

“1. Can the Board of Regents of ajunior college district legally set two different ‘out-of-district’ tuition charges: one charge to those ofits students who reside in another junior college district and another charge to students who do not live ina junior college district (but who are Texas residents)? 

### "2. Can the Board of Regents of ajunior college district set atuition charge for extension classes taught outside the district at a rate different from that charged students in classes taught inside its district? ” Junior College Districts are governed by Chapter 130 ofthe Texas Education Code, and other provisions. Section 130.004 (all references are to the Texas Education Code unless otherwise stated) classifies junior colleges as public junior college andjunior college divisions of a regional college. Your questions pertain to thejunior college district, and notthe regional college district. Accordingly we restrict our answers to the powers of the governing board of ajunior college district. Chapter 54 governs Tuition and Fees. Section 54. 002 provides:

“The provisions ofthis chapter apply to all institutions ofhigher educations, except that as to junior colleges this chapter applies only tothe extent provided by Section 130.003(b) ofthis code.”
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The Honorable Bevington Reed, page 2 (H-61)

Section 130.003(b) provides inpart:

“To be eligible for and to receive aproportionate share ofthe [state appropriation for public junior colleges], apublic junior college must:

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. (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, except that the amount charged non-residents need not be greater than the amount so required by law onJanaury 1, 1971;
. . . ‘I (Emphasis added) Prior to 1969, Article 2815j-2, V.T. C. S., provided inpart:

“It shall be mandatory that each institution [public junior college] participating inthe funds herein provided shall collect from each full-time student enrolled, matriculation and other session fees not less than the amounts provided for by law and by other State-supported institutions ofhigher learning for full-time students and shall collect proportionate amounts for students taking less than afull time load. ” (Emphasis added) In 1969 the Legislature adopted Titles 1. 2and 3ofthe Texas Education Code. Title 3atthat!ime consisted solely of Chapter 51, Public Junior Colleges. Acts 1969, 61st Leg., p.2755, Ch. 889, instituted the initial change inlanguage seen i,nthe emphasized portions ofthe a~bovequoted provisions. Sectl,on 2 ofthe 1969 enactment specifically repealed Article 2815j-2, V. T. C. S. Itis our opi:ni.onthat the change inlanguage evidences a change in intent by the Legislature, a,ndthat apublic junior college may qualify for participation inthe distribution of State moneys appropriated pursuant to 5130.003 only by cha.rging such matriculation and other session fees as are required and provided by law for other state-supported institutions ofhigher education, i. e., as are provided by Chapter 54. Such a reading of $I30. 003(b) is in harmony with the language of §54.002, quoted above. p. 261The Honorable Bevington Reed, page 3(H-61)

A public junior college which charges a greater tuition of aTexas resident than that authorized by $54.051 is disqualified just as is one which charges alesser tuition. Since $54. 051 does not differentiate tuition rates onwhere aTexas resident is residing tiithin the State,, it is our opinion that any public junior college doing so thereby disqualifies itself from participation in distribution of $130. 003 funds. This !.strue regardless ofwhether the tuition and fees are for courses at the central campus or for courses taught at an extension facility established under §130.086. There remains the question ofwhether the governing board of ajunior college distri~ct which is willing to forfeit its share of $130. 003 funds may establish such tuition charges. As provided in 554.002, the statutory tuition rates of $54. 051 donot apply tojunior colleges except to the extent that conformity thereto is prerequisite to eligibility for 5130. 003 State funds. These two provisions taken together imply that the governing board of ajunior college district otherwise is empowered to establish tuition fees at such levels as it sees fit. Section 130. 002 supports this conclusion. It provides as follows:

“All authority not vested by this chapter or by other laws ofthe state inthe coordinating board or in the Central Education Agency is reserved and remined locally in each ofthe respective public junior college distrtcts or in the governing boards of such junior colleges as provided inthe laws a,pplicabIe. ” See also §61.060. An examination ofthe statutes govern:ng the Coordinat:ing Board (Chapter 61)reveals no power tofix public junior college tuition rates, although the Board is requi.red to recommend to the Governor and the Legislative Budget Board tuition policies for public junior colleges ($61.059d). We can find no provisions establishing tilition schedules for p&lic junior colleges in the case where §51.051 does not apply, nor any provision specific:ally authorizing some body other than the governing board to fix such fees. Itis therefore, our opinion that the governing board of apublic junior college may establish such tuition schedules as set forth inyour two questi~ons, but that by dcing so itwould disqual.ify such district from partici,pation in the distribution of 5130.003 funds. See Attorney General Opinion M-940 (1971j.

p. 262The Honorable Bevington Reed, page 4 (H-61)

SUMMARY Nothing contained inthe Texas Education Code would limit the right ofthe public junior colleges to charge more tuition tonon-residents oftheir district than to residents, except that by charging different fees, the colleges would disqualify themselves from receiving State funds under $130.003(b). Texas Education Code. Very truly yours,

Attorney General of Texas APP,R&ED:

Opinion Committee

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