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 of the college district. 

Dear Commissioner Reed: 

You have requested the opinion of this office on the following questions: 

“1. Can the Board of Regents of a junior college 

district legally set two different ‘out-of-district’ 

tuition charges: one charge to those of its students 

who reside in another junior college district and 

another charge to students who do not live in a 

junior college district (but who are Texas residents)? 

"2. Can the Board of Regents of a junior college 

district set a tuition 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 of the 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 and junior college divisions of a regional 

college. Your questions pertain to the junior college district, and not the 

regional college district. Accordingly we restrict our answers to the powers 

of the governing board of a junior college district. 

Chapter 54 governs Tuition and Fees. Section 54. 002 provides: 

“The provisions of this chapter apply to all 

institutions of higher educations, except that as to 

junior colleges this chapter applies only to the 

extent provided by Section 130.003(b) of this code.” 

p. 260 
i 

. . 

The Honorable Bevington Reed, page 2 (H-61) 

Section 130.003(b) provides in part: 

“To be eligible for and to receive a proportionate 

share of the [state appropriation for public junior 

colleges], a public junior college must: 

. * . 

(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, 

except that the amount charged non-residents 

need not be greater than the amount so required by law on Janaury 1, 1971; . . . ‘I 

(Emphasis added) 

Prior to 1969, Article 2815j-2, V. T. C. S., provided in part: 

“It shall be mandatory that each institution [public 

junior college] participating in the 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 of higher learning for full-time students and 

shall collect proportionate amounts for students taking 

less than a full time load. ” (Emphasis added) 

In 1969 the Legislature adopted Titles 1. 2 and 3 of the Texas Education 

Code. Title 3 at that!ime consisted solely of Chapter 51, Public Junior 

Colleges. Acts 1969, 61st Leg., p. 2755, Ch. 889, instituted the initial 

change in language seen i,n the emphasized portions of the a~bove quoted 

provisions. Sectl,on 2 of the 1969 enactment specifically repealed Article 

2815j-2, V. T. C. S. It is our opi:ni.on that the change in language evidences 

a change in intent by the Legislature, a,nd that a public junior college may 

qualify for participation in the distribution of State moneys appropriated 

pursuant to 5 130.003 only by cha.rging such matriculation and other session 

fees as are required and provided by law for other state-supported institutions of higher 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. 261 
The Honorable Bevington Reed, page 3 (H-61) 

A public junior college which charges a greater tuition of a Texas 

resident than that authorized by $ 54.051 is disqualified just as is one 

which charges a lesser tuition. Since $ 54. 051 does not differentiate 

tuition rates on where a Texas 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 !.s true 

regardless of whether 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 of whether the governing board of a junior 

college distri~ct which is willing to forfeit its share of $130. 003 funds may 

establish such tuition charges. As provided in 5 54.002, the statutory 

tuition rates of $ 54. 051 do not apply to junior colleges except to the extent 

that conformity thereto is prerequisite to eligibility for 5 130. 003 State 

funds. These two provisions taken together imply that the governing board 

of a junior 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 of the state in the coordinating 

board or in the Central Education Agency is reserved and remined locally in each of the respective public junior college distrtcts or in the 

governing boards of such junior colleges as provided in the laws a,pplicabIe. ” 

See also § 61. 060. An examination of the statutes govern:ng the Coordinat:ing 

Board (Chapter 61) reveals no power to fix 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. 

It is therefore, our opinion that the governing board of a public junior 

college may establish such tuition schedules as set forth in your two questi~ons, 

but that by dcing so it would disqual.ify such district from partici,pation in the 

distribution of 5 130.003 funds. See Attorney General Opinion M-940 (1971j. 

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

SUMMARY 

Nothing contained in the Texas Education Code would 

limit the right of the public junior colleges to charge 

more tuition to non-residents of their 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 

p. 263