R-744 

Dr. Theophilus'S. Palnter, President 

The University of Texas ' 

Austiy 21, Texas Opinion No. V-399 

Re: Applicability of Artlc3.e 2654b-1, exempting 

certain students who 

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: 

"Certain veterans who 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 supplied by you 

are to the effect that there are approximately one hundred students presently registered In the University 

who, for one reason or another, are not eligible for 

educational benefits under the "G. I. Bill of Rights" 

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

346, 78th Congressj, but are veterans within the meaning of the exemptlon contained in Article 2654b-1, 

V.C.S. It is expected that this number ~111 Increase 

during the next several years. Your inquiry relates 

to student veterans coming within this category. 

Based,upon these facts, the questlon thus 

presented is whether veterans who are exempt from the 

payment of fees under Article 2654b-1, supra, and who, 

, 
Dr. Theo,nhilus S. Painter - Pe.gf? 2 v-399 

for one reason or another, are not eligible for educational benefits under the “G. I. Bill of Rights,” 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 now Article 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 student a matriculation fee of not to exceed thirty’($30) 

dollars for any term of nine months, and laboratory ch:!rges to cover actual laboratory 

mn teri.:,‘?s ;:nd 3u.n:)l ies used by such stud.ent 

not tt) cxceod. j.n any event four (:j4cCO) dollars fnr e.ny one year from o,ny one student 

in Any one lobOrAtory course. O . 1 

“Sec. 3 a ’ The words ‘State oduca tional 

Fnstituti.ons’ as used. in this Pet nhell include the following and my branch thereof: 

The University of Texas; , + . 

, 

“Set c 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.d institution. 
DP, Theophilue S, PaIntap - Page 3. v-399 

-1m 1933 ths 43~d Uglalatu~e Uglalatu~e at its Ffmt 

Call&l Session Session emoted wPx&% am now th% ffr3t two Sections of Aptfole Aptfole 2654b-1, 2654b-1, v.C,S, It Is the~efn the~efn provided, In pvart, as follovvs .., 

Yl%C* 1, Tim gavemfmg boards of the 

sev%Pal fnstftutloa3 of &oll.%giat% P&w&, 

suppoPt%d en whole 01" in p.wt by publiC 

fund3 app~op~feptad from the Stat% TF%a3wy', 

am hs~eby authcr~zad amd directad to 'ex- 

&apt anal exempt al.1 ~~tfeens of T%xa3, vho 

*have resfded in ?exere fop a paHod of not 

less than twelve (12) mom%hs PPLfOP to $tl% 

da%% ofp ~*%g?.3trat~on;and ‘;sho ~nrvsd dwfng 

,the Sp&nfnh-Am.srlcan and/or dwing the Wopld 

War as MWSSS OP fn the errqwd fames of th% 

mnftea 3tertes d~wfng C,hi3 World War; erna who 

~2% honorably dfseh3z~gad thcwefrom, 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%mptfora 3klal.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, tlOP to any Pees oP,chtwg%3 

for ,l.odg9mg, bo&md OP clothfmg‘ D 0 *'ls 

APt,,f@le 2ij54b-1 3i-,ood,a3 enaet,%d in 1933, untll Sectiou 3 w?s add.%d by the 46th LegfFulatw%, effectfve.May 15,'1943, Tkis latt%fu seet%oiz saa3 eE&cted to 

extend p~erious World W&w % %uftYoa a.nd f%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 thP3 Ar-Ciala pravi.ded fol? 

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's Auxflicwg Volu.nt%%r Emerganay Servic%, snd. all membess of th% Uuited Stsat‘es 

armed ~;OPDO~, regMPdl%43 of WhetlET lxm%s%~~S 

of.the Unftxd St&e3 Army or of t&e IIrif,t%id 

States lkvy OF 0~3 Dnfted State3 Coast Gwrd, 

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 present World War Number II . . .' 

The 49th Leglsl&ture Regular SeBslon, 1945, 

added Section 4 to'Artlcl.8 2654b-1: It reads, in part, 

: :; ?L ,

;~f:

i,,ij(

.,-‘~$,

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 include honorably discharged members 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 that m&y be in force at the 

time of registration In the college concerned 

of such %x-service man or woman. . . .'I (Pmphssls ours) 

The 50th Legislature, Pe ular Session, 1947, 

enacted Chapter 66 (Senate Bill 22 ti supra) amending 

Sect,ion 4 of Article 2654a, so as t; hereafter re&d and 

provide as follows: 

“sec. 4. Each of the governing boards 

of the various Institutions of 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.Sterlng In said institution to cover the 

costs of student services which 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, artists and lecture courses, debating and oratorical actlvltles, student publications, snd 

other approved student activities; provided 

however, that no student Shall be required 

to pay for such services more than Fifteen 

ars per semester or entire sumAll fees and charges whleh hsve 
Dr. Theophllus 9. Painter - Page $ ,’ v-,399 

heretofore been collected, charged ore attempted 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.~whlch fees having. been charged, collected or attempted to be collected under 

authority of Article 2654-a or 2654-c of 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, Artlcle 2654a, V.C.S., as now amended, the Board of Regenta of The University of Texas has exercised the dlscretlon given It by the Act and established as a re9 

uired fee an “actlvlty fee” in the 8nm of Fifteen 

$15 .oo) ~Dollars . This “activity See” became effective a8 O’S the 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 “activity See” are: (1) 

Athletrc Council; (2) Cultural Entertainment; (3) Curtain Club; (4) Wcmen’s i3Zee Club; (5) Men’s Glee Club; 

(6) Longhorn Band; (7) Oratorical Assoostion; (8) 

Co-Ed Handbook; (9) ~student Oowernmanti and (l.0) Texas 

Student Publications. &me of these; agencies receive 

any support from State appropriations provided by the 

Legislature to the University. (See appropriations for 

,Educetlonal Institutions of Righer LeermIng, 50th Legislature, R. S. ,1947, Chapter 339. ) Yet the money 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 

-P Texas pp. 23, 26 , 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, subject ratter--statutes 

Id. par1 mater&. Thls rule is based on the presumption 

,thet whenever the Legislature enacts a provision It has 

lo mind the previous statutes relating to the same subB 

ect matter. 2,. Sutherland Statutory Construction 535, 

5201. 

The above.rule is applicable tothe statutes 

under consideration because Artiole 26548, supra, dealing with the subject of tuition, fees, and char es In 

State educational institutions, and Article 265 & b-l, 

supra, dealing with the exemption of veterans from payment of fees end charges in State educationaL $nstitutions, are in par1 mateHa. 

In Section 1 of Article 26548, supra, “any 

tuition, fee or charge of any kind whatever’ Is prohibited except as speoiflcally permitted. ~Seotlon 2 of 

this Article suthorize@ ,and. treats with matriculation 

and laboratory fees. Seotlon 3 names the State, schools 

included within the Act, and then Section 4, as It existed prior to its amendment by the enactment of Senate 

Bill 228, expressly treats with a student “activity 

fee” by providing ‘not,hing ,in this Act ahall prevent 

the collection of ,fees or charges voluntarily paid by 

the students to cover the expense of student activities.” It Is thus apparent that ,student activity fees, 

as provlsled for insection 4, were placed in a different 

classification and category from “tuition, fee or charge 

of any’ kind vhatsoevsr” and “matrfculation” and “gaboretory” fees mentioned 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 charges whatsoever.” Xnasmuch as the 

phrases “tuition, fee or oharge of any kind whatever” 

Snd “matriculation fee” as ,used Ln ArtFcle 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 construed as lnoluding 

student “activity fees.” Purthormore, the student activity fee orQ$.nally provided 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 

charges what~soever" in Article 2654b-1 intended to exempt him from the pa 

terms of Article 

ent of those fees muired by the 

265 f? a. 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. (Said Article, 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