### R-744

Dr. Theophilus'S. Palnter, President The University of Texas ' Austiy 21, Texas OpinionNo. V-399

Re: Applicability of Artlc3.e

### 2654b-1,exempting certain studentswho
are veterans from payment of school fees, to the payment of activity fee authorized by s. B. 

### 228, 50th Leg., R. S., 1947.

Dear Sir: r \, Your request for an'opinion reads, in part,
as follows:

"Certainveteranswho are exempt from the payment of those fees covered by Article 2654b-1 as amended have ralsed the question as to whether they are exempt from the payment of the student activity fee established as ayrequired fee by the Board of Regents of ThkUnlversity of Texas pursuant to the provlslons of Senate Bill No. 

### 228."
Supplemental facts verbally suppliedby you are to the effect that there are approximately one hundred students presently registered In theUniversity who, for one reason or another, are not eligible for educational benefits under the "G. I. Bill ofRights" (PublicLaw No. 

### 16 78th Congress and Public Law No. 

### 346,78th Congressj, but are veterans within themeaning of the exemptlon contained inArticle 2654b-1, V.C.S. It is expected that this number ~111 Increase during the next several years. Your inquiry relates to student veterans comingwithin this category.

Based,upon these facts, the questlon thus presented iswhether veterans who are exempt from the payment of fees under Article 2654b-1, supra, and who, ,Dr. Theo,nhilusS. Painter - Pe.gf? 2 

### v-399

for one reason or another, are not eligible for educational benefits under the “G. I. Bill ofRights,” are exempt from the pajrment of the student “activity fee” provided For in Senate Bill 

### 228,Acts of the 50th Legislature,Regu1a.r+ssi.on, 1947, Chapter 

### 66, p, 96.

In answering this,question,,it to review the legislative history of the ferent statutes involved, is necessary several dif-

The 40th Legislature ct its Regular Session In“1927 enacted whet is nowArticle 2654n,, V.C.S. This Article provides, in part, as Tallows:

“Sec. 1. No Ste.te educations1 instltution shall collect from the student thereof any tuition, fee or charge of any kind’vhatever except as permitted by this Act, end no student shell be refused admission to or dlscha.rged

from any such institution for the non-pament of any tuition, fee or charge except as permitted in, thi$ Act.

"SBC * 2. Any such educational institu-’ tion may collect from each studenta matriculation fee of not to exceed thirty’($30) dollars for any term of nine months, and laboratory ch:!rgesto cover actual laboratory
mnteri.:,‘?s

;:nd3u.n:)l

ies used by such stud.ent not tt)

cxceod.j.n

any event four (:j4cCO)dollars fnr e.nyone year from o,nyone student in Any one lobOrAtory course. O

. 1

“Sec. 3a’The words ‘Stateoducational Fnstituti.ons’

as used.in this Pet nhell include the followingand my branch thereof: The University of Texas; , +

. ,

“Setc 4, Nothing in this Act shall prevent the collection of fees or chrrges volunterily ?ri.tl

by the students to cover the expense of student activi~ties ;provided,however, that the same shall never be made compulsory or required by the educationel institution ns a conditi.on precedent to a student entering or continuing at ssi.dinstitution.DP, Theophilue S, PaIntap - Page 

### 3. v-399

-1m 1933 ths 43~d Uglalatu~e at itsFfmt Uglalatu~e Session Call&l Session emoted wPx&%am now th% ffr3t two Sections ofAptfole 2654b-1,v.C,S, It Is the~efn proAptfole 2654b-1, the~efn vided, In pvart,

as follovvs

.., Yl%C* 1, Tim gavemfmg boards of the sev%Pal fnstftutloa3 of &oll.%giat%P&w&, suppoPt%d enwhole 01"in p.wt by publiC fund3 app~op~feptadfrom the Stat% TF%a3wy',
am hs~eby authcr~zad amd directad to'ex- &apt analexempt al.1~~tfeens of T%xa3, vho *haveresfded in ?exerefop a paHod of not less than twelve (12)mom%hs PPLfOPto $tl% da%% ofp~*%g?.3trat~on;and‘;sho ~nrvsd dwfng ,theSp&nfnh-Am.srlcan and/or dwing the Wopld War as MWSSS OP fn the errqwdfames of th%

mnftea 3tertes d~wfng C,hi3 World War; erna who ~2% honorably dfseh3z~gadthcwefrom, from the pEqwSat of !sill dw3, fens and ChaPgee wb.%tsoev8P,fmelufi:i_t~g~Pacts for eo~~sspo~demee eouPses; prov~d@si, how~w-E+l~~

that the foregofm ex%mptfora3klal.l n.ot kz:a constzuod to apply to depos,its,auoh ~9 X1.blra~y, or laboratory deposits, vhieih may t% requf~od it2 ths natum of a sacur4ty for tk return of OP propor cap% of property loan& fop the U38 of st~udstats, tlOPto any Pees oP,chtwg%3 for ,l.odg9mg,

bo&md OP clothfmg‘ D 0 *'ls

APt,,f@le

2ij54b-13i-,ood,a3

enaet,%din 1933, untll Sectiou 3 w?s add.%dby the 46th LegfFulatw%, effectfve.May 15,'1943, Tkis latt%fu seet%oiz

saa3eE&cted to extend p~eriousWorld W&w % %uftYoa a.ndf%e exemptions

In stats colleges clrtxl amfvvar3ltli.ss to veteren3 or World War II* The seotion maas, ire pa&., as follows: ,

"See. 3. All of"th% etbowes and for@- goimg pPoviaiotls) eotlaft~ons

arace batmfft3 h%r%inahov% in thP3Ar-Cialapravi.dedfol? in sectrom 1 and In Se~tlorl 2 3hnll apply
and BCCPU8 to the b2nofit cf ull niwses, memb%re of the Woman's A3'mg &~LX.lfa:Fy.

C!oPpS, Flom%n'sAuxflicwgVolu.nt%%r Emerganay Servic%, snd.all membess of th% Uuited Stsat‘es armed ~;OPDO~,

regMPdl%43 ofWhetlET lxm%s%~~S of.the Unftxd St&e3 Army or of t&e IIrif,t%id States lkvy OF 0~3 Dnfted State3 CoastGwrd,

who t15ve, OP me now 88rvfmg, o.??who may aftep the passage 0r this Act, serve FQ the. Dr. Theophilus S. P&iUt8P - Page 4 v-399

armed forces of the Unlted States of America during the presentWorld War Number II

. . .'

The 49th Leglsl&ture Regular SeBslon, 1945, added Section 4 to'Artlcl.8 2654b-1: It reads, in part, : :; ?L ,i ;~f:” i,,ij(’ .,-‘~$i- ,; 83 follows:

“Sec. 4. The exemption from the payment Of due3, f%8s, and charges as provided hereL in&bove In Section 1 and Section 3 of thls Art1018 shall not apply to or includehonorably dischargedmembers of such United States Armed Forces, or other persons hereinabove named, who are eligible for education or training benefits vrovided by the United States Government under Public Law No, 16, mth Congress, or amendments thereto, or under Public Law No. 346, 70th Congress, OP amendmenta thereto, or under any other Federal legislation thatm&y be in force at the time of registration In the college concerned of such %x-serviceman orwoman.

. . .'I (Pmphssls ours)

The 50th Legislature, Pe ular Session, 1947, enacted Chapter 66 (SenateBill 22ti supra) amending Sect,ion4 of Article 2654a, so as t; hereafter re&d and provide as follows:

“sec. 4. Each of the governing boards 

### of the various Institutionsof higher education named in Sectlon 3 of this Article is expressly authorized,whem deemed necessary by-said governing board, to require and collect a fee or charge from all students reql.SterlngIn said institutionto cover the costs of student serviceswhich the s&Id ,

governing board deem necessary or helpful in csrrglng on the educational function3 of the Institutions, these services to include such serv%ces as textbook rentals, recreational activltles, health and hospital service,artistsand lecture courses, debating and oratorical actlvltles, studentpublications, snd other approved student activities; provided however, that no student Shall be required to pay for such servicesmore than Fifteen

ars per semester or entire sumAll fees and chargeswhleh hsveDr. Theophllus 9. Painter -Page $ ,’ v-,399

heretofore been collected, charged oreattempted to be collected by the various lnstltutlons of higher education for any of the purposes named in this section under the heading of,student.serv,lces, regardless of the name’

by which such fee was designated, all oS.~whlchfees having. been charged, collected or attempted to be collected under authority of Article 2654-a or 

### 2654-cof the Revised Civil Statutes of Texas, are hereby in all respects validated, confirmed, apL proved and authorized a8 though they had been authorized.,

and oolleoted by specific order of the varloua governing boaPdar” ours) (Erupila313

Pursuant to the provlalona of Section 4,Ar- tlcle 2654a,V.C.S., as now amended, the Board of Regenta of The University of Texas has exercised the dlscretlon given It by theAct and established as a re9uired fee an “actlvlty fee” in the 8nm of Fifteen $15.oo)~Dollars

. This “activity See” became effective a8 O’Sthe beglnnln of the first semester of the present,school year (19 T-1948). &

We know from a study of the records of the University that the agencies of the University deriving financial support from the “activitySee” are: (1) Athletrc Council; (2) Cultural Entertainment; 

### (3)Curtain Club; (4)Wcmen’s i3ZeeClub; 

### (5)Men’s Glee Club; 

### (6)Longhorn Band; (7)OratoricalAssoostion; (8) Co-Ed Handbook; 

### (9)~studentOowernmanti and (l.0) Texas Student Publications. &me of these; agencies receive any support from State appropriations provided by the Legislature to the University. (Seeappropriations for ,Educetlonal Institutions of Righer LeermIng, 50th Legislature,R. S. ,1947,Chapter 339.) Yet themoney derived from the I’activity ftte”supports and provides facilities for the conduct of these enumerated extracurrioular activities OS social, recreati.onal, and edqcatlonal natures. There Is no longer any doubt that these activities come within the functions of a present d8y Univereity. Rainoy v. Malone, 141 9.W. (2d) 

### 713 (Tex.Clv. App. 1940)0 Certainly such activities aid in the development of what vas described In early debates and mesaaRes a8 a “unlversltv of the first class.” See &neYdlct’s History OS The University of Texas pp. 

### 23, 26 -P , 

### 233, 238, 255. ,Dr. Thsophllus 5. Painter - Page 

### 6 v-399

It is a wellestablished rule of statutory eonstruotlon that the Intent of the Leglslature as expressed in statutoryenactments may be gathered from statutes relating to the same,subjectratter--statutes Id. par1 mater&. Thls rule is based on the presumption ,thetwhenever the Legislature enacts a provision It has lomind the previous statutes relating to the same subBect matter. 2,.

Sutherland Statutory Construction 

### 535, 5201.

The above.rule is applicable tothe statutes under considerationbecauseArtiole 26548, supra, dealingwith the subject of tuition, fees, and char es In State educational institutions,and Article 

### 265b-l, & supra, dealingwith the exemption of veterans from payment of fees end charges in State educationaL $nstitutions,are inpar1 mateHa.

In Section 1 of Article 26548, supra, “any tuition, fee or charge of any kind whatever’ Is prohibited except as speoiflcallypermitted. ~Seotlon2 of thisArticle suthorize@ ,and. treatswith matriculation and laboratory fees. Seotlon 

### 3 names the State,schools includedwithin the Act, and then Section 4, as It existed prior to itsamendment by the enactment of Senate Bill 228, expressly treatswith a student “activity fee” by providing ‘not,hing ,inthisAct ahall prevent the collection of ,feesor charges voluntarily paid by the students to cover the expense of studentactivities.” It Is thus apparent that ,student activity fees,
as provlsledfor insection 4, were placed in a different classificationand category from “tuition,fee or charge of any’kind vhatsoevsr” and “matrfculation”and “gaboretory” feesmentioned in Sections 1 and 2, -

When the LegZsleture enaoted Seotion 1 of ii& title 2654b-1, aupra, a phrase similar to that found $n Article 

### 2654a,supra, is used; and it is provided that the veteran shall be exempted from the payment of “all dues, fees and chargeswhatsoever.” Xnasmuchas the phrases “tuition,fee or oharge of any kind whatever” Snd “matriculationfee” as ,usedLnArtFcle 2654a patently do not include student “activity f%es,” the phrase “duea, fees, and charges whatsoever” aa used in Section 1 of Article 2654b-1 is not to be construedas lnoluding student “activityfees.” Purthormore, the student activity fee orQ$.nallyprovided for in Section 4 of Article 26540, supra,was permissive, and it was not therefore necessary to exempt a etudont from its payment.:Dr. Theophllus 3. Painter - Page 

### 7 v-399

Articles 2654a and 2654b-1 being In pri materla, it necessarily follows that the Legislature In exempting the veteran from the payment of all "dues, fees and chargeswhat~soever"in Article 2654b-1 intended to exempt him from the pa terms ofArticle ent of those fees muired by the

265 a. f? 2 Sutherland Statutory Construction 530, supra.

The Legislature in amending Section 4 of ArtIcle 2654a, supra, so as to require a fee or charge from 811 students to cover the cost of student aotlvlties could have easily provided for an exemption from payment In favor of the class of veterans covered by this opinion If it had so Intended. Cf. Article 2589f, V.C.S. (SaidArticle, which was enacted In 1945, specifically provides that any student exempt from the payment of the tultlon fee shall be exempt from payment of the Texas Union fee therein provided for.) It did not
see fit to do so.

Therefore, it la our opinion that veteran etudents who are exempt from the payment of fees by Article 2654b-1, Sections 1 and 3,V.C.S., are not exempt from the payment of the student activity fee provided for In Chapter 66, Acts of the 50th Legislature, Regular Seaslon, 1947.

SUMMARY

The exemption extended to veteran students by Artlole 2654b-1, Sections 1 and 3, V.C.S., does not operate to exempt such veteran students from the payment of 8 student activities fee required by State College Boards under Senate Bill 228,Acts of 50th Legislature, Regular Session, 1947, Chapter

, P.,96.

Yours very truly ,

ATTORNEY GENERAL OF TEXAS

'&<,
ATTORNEY GENERAL

DJC:CDM:jt 

### By kf!~-=-~ ‘n7a;tAcuc-p Charles D. Mathews

Assistant