December 27, 1974

The Honorable A. G. McNeese, Jr. Chai:rman, Board ofRegents Universi.ty of Texa.s System P. 0. Box 2629 Houston, Texas 77001
Dear Chairman McNeese: Opinion No. H- 485

Re: Applicability of certain

provisions in the Education Code to the Extension Division ofthe University of Texas atAustin
You ask the following questions:

(1) Does Section 54.203 ofthe Texas Education Code require the exemption ofqualified Texas veterans from the payment oftuition and fees for Extension Evening Courses and Extension Field Courses conducted by the Extension Division ofthe University of Texas atAustin? (2) Does Chapter 52 ofthe Texas Education Code allow the University of Texas atAustin to grant loans under the Hinson-Hazlewood College Student Loan Act topersons enrolled inthe Extension Division of the University of Texas atAustin?
The Extension Division is a component ofthe University ofTexas at Austin which provides educational services to avaried clientele. Itoffers both evening courses and correspondence courses. Whether one receives academic credi.t for successfully completing a course depends upon the evaluation ofthe department or program administering the course. Admissions standa:rds for students enrolling in an Extension Division course are far less stringent than those thatmust be satisfied by students enrolling in other universit:y departments: generally any high school graduate may enroll.

p. 2201The Honorable A. G. McNeese. page 2 (H-485)

As a component ofthe University ofTexas at Austin, the Extension Division is operated and regulated by the.University Board of Regents. The Board attempts to operate the~Extension Division ona self-support.ing basis, offering courses only when there are sufficient paying enrollees to cover all expenses. The Board insures that office space, office equipment, and classrooms are available tothe Division and provides for the payment ofinstructors in the Division ona contract basis.
The Hinson-Hazlewood Fee Exemption Statute. Texas Education Code, section 54.203. provides that the governing board ofeach institution of higher education must exempt certain designated veterans from the payment offees as follows: _,

(a) The governing board ofeach institution of higher educ,ation shall exempt the following persons from the payment ofall dues, fees, and charges, including fees for correspondence courses but excluding property deposit fees, student services fees, andany fees or charges for lodging, board, or clothing.

. . . The Uni.versity of Texas atAustin is plainly an “institution ofhigher education” as that term is defined inthe Act. Texas Education Code, sections 54.001 and 61.003. While the Extension Division may be operated on a somewhat different basis than other schools and divisions ofthe University, it nevertheless is a component ofthe University subject to regulation by the Board of Regents which has been established in order toprovide correspondence courses and other special programs. Section 54. 203 explicitly requires the governing board ofthe University to exempt certain classes ofveterans from the payment ofall fees including fees for correspondence courses. Thus, veterans designated in section 54.203 must be allowed to enroll in the courses offered by the University’s Extension Division without paying tuition or any fees other than those which educati.onal institutions are expressly allowed to collect from veterans by section 54. 203. Our answer toyour first question is inthe affirmative.
Your second question is whether the University ofTexas atAustin is allowed to grant loans made available by the Hinson-Hazlewood College Student Loan Act topersons enrolled inthe Extension Division. The Hinson-Haslewood College Student Loan Act, Chapter 52, Texas Education Code, establishes a student loan program tobe administered by the

p. 2202The Honorable A. G. McNeese, page 3 (H-485)

Coordinating Board, Texas College and University System. Section 52. 32 of the Act provides that the Board may authorize loans from the Texas Opportunity Plan Fund to qualified students at any participating institution ofhigher education in Texas ifthe applicant meets certain qualifications. Under section 52.31 of the Act aparticipating institution ofhigher education is:

. . . any institution ofhigher education, public or private nonprofit, including ajunior college, which is recognized or accredited bythe Texas Education Agency or the Coordinating Board, Texas College and University System, or its successors, and which complies with the provisions ofthis chapter, and the rules and regulations ofthe board promulgated in accordance with this chapter. Again it is clear that the University ofTexas atAustin is a “participating institution ofhi.gher education” as that term is defined inthe Act. Thus, under section 52. 3.2the Board is authorized to grant loans to qualified students at the University including students enrolled inthe University’s Extension Di.vision. Of course, before any student in the Extension Division may be grant.ed a loan, he or she must meet the requirements set outin section 52.32 and any other reasonable requirements established by the Coordi.nating Board in conformity with section 52. 32(a)(5). Our
answer toyour second question is also inthe affirmative.
SUMMARY
Under section 54.203 ofthe Texas Education Code certain designated Texas veterans must be exempted from the payment oftuition and fees when enrolling in courses offered bythe Extension Division ofthe University of Texas a.tAusti.n. Under secti,on 52. 32 ofthe Code, the Coordinating Board is authorized to grant loans to qualified students at the University including students enrolled in the University’s Extension Division.

Attorney General ofTexas

p. 2203The Honorable A. G. McNeese. page 4 (H-485)

APPROVED: 

# 5i3kb-MJ

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee



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