February 8, 1939 

Hon. J, Manley Head 

Senator, 21st District 

State Senate 

Austin, Texas 

Dear Senator: 

Opinion No. O-177 

Re: Tuition collected from 

students registering in State 

IhStitUtiOnS of Higher learning after September 31, 1933. 

Your communication of February 1, 1939, has been received, which letter reads as follows: 

'There is now some confusion among the higher 

institutions of learning as to whether or not fees 

may be charged for Instruction in the Fine Arts 

Department other than the $25.00 per semester fee 

required of all students, In other words, It is 

the desire of a number of higher institutions of 

learning to know whether or not ,they may charge 

fees for individual instruction in their Fine Arts 

Departments. We would like an interpretatfon of 

the law by your Department.'" 

In reply to your Inquiry, this is to advise that a' 

study has been ,made of Senate Bill No. 202 of March 30, 1927, 

commonly known as the Pollard Bill and shown in the Revised 

Statutes as Article 2654a, .and House Bill No. 322, a8 approved 

on June 3, 1933, now demoninated as Article 2654~; of the Revised Statutes. 

We are of the opinion that Article 2654~ being the 

later law and repealing all laws and parts of laws in conflict 

with It Is the statute under which institutions of higher learning, supported by legislative appropriation, operate at this 

time with 

ters 

work 

regard to tuition rates charged. 

This law reads, In part, as follows: 

"1 0 From each.resident student, who regisfor twelve (12) or more semester hours of 

per semester of four and one-half (4 l/2) 

months, Twenty-five Dollars ( per semester; 

who registers for twelve 

Ez&s of work per term~of 

or more term 

months Sixteen Dollars .and 'Sixty-seven Cents ~($16.671 per 

term. 
Hon. J. Manley Head, February 8, 1949, Page 2 (O-177) 

"3 . From each resident or non-resident student who registers for less than twelve (12)~semester or term hours, of work, a.sum proportionately 

less than that hereinabove prescribed therefor, 

provided each student registered shall pa no less 

than Seven Dollars and Fifty Cents ( 

tJ 

-50 Y per 

semester nor less than Five Dollars 5.00) per term. 

"4. From each student registering for a summer 

session, such amount as shall be fixed by the governing board of such institution, but in no event less 

than Twenty Dollars ($20.00) for a twelve (12) weeks 

term nor more than Thirty-five Dollars ($35~.00) for 

a twelve (12) weeks term. 

"5 . The foregoing provisions, requiring the 

governing.boards'to collect tuition, shall not be interpreted as depriving the said boards of the right 

to collect such library, laboratory, and oth:r fees 

as they are now permitted.by.law to collect. 

We are also of the opinion thatSe~ction.2 of the 

Pollard Bill is still in force, and it provides: 

fled 

"Any such educational, institution may aollect 

from eac,h I.. . and laboratory charges to cover 

ao~tual laboratory materia1.s and supplies used by 

s~uch student not to ex,ceed in any event ~four ($4.00) 

dollars for any one year from $ny one student in 

any one laboratory course. 0 . 

We are of the opinion that the amounts of money spe.ciin~Article 265&c are the specific amounts that can be 

charged, and the only amounts that can be charged to students 

other 'than the laboratory charges which are provided for in the 

Po~llard ~Bill. We are, therefore, o,f the opinion that no other 

o'harges can be made and collected from students registering 

i'nsald schools after September 1, 193X0 

BSV:N:wb:cs. 

APPROVED: 

Yours very truly 

ATTOR,NEY GENERAL OF' TEXAS 

By /s/ Geo. S. Berry 

/s/ Gerald C. Mann Geo. S. Berry, Assistant 

ATTORNEY GENERAL OF TEXAS 

OK GRL