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 communicationof February 1, 1939, has been received,which letter reads as follows:

'There is now some confusion among the higher institutionsof learningas 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 institutionsof learning to know whether or not ,theymay charge fees for individual instruction in their Fine Arts Departments. We would like an interpretatfonof the law by your Department.'"
In reply to your Inquiry, this is to advise that a' study has been ,madeof SenateBill No. 202 of March 30, 1927, commonly known as the PollardBill and shown in the Revised Statutes as Article 2654a, .andHouse Bill No. 322, a8 approved on June 3, 1933, now demoninatedas Article 2654~; of theRevised 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 underwhich institutionsof higher learning, supported by legislativeappropriation,operate at this time with

ters work regard to tuition rates charged. This law reads, In part, as follows: "10 From each.residentstudent,who regisfor twelve (12)or more semesterhours of per semester of four and one-half (4 l/2) months, Twenty-fiveDollars ( 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)

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. 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 hereinaboveprescribed therefor, provided each student registered shall pa no less than Seven Dollars and Fifty Cents (tJ-50 per Y 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 TwentyDollars ($20.00)for a twelve (12)weeks term nor more than Thirty-fiveDollars ($35~.00) for a twelve (12)weeks term.
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. The foregoing provisions,requiring the governing.boards'tocollect tuition, shallnot 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.lawto collect.
We are also of the opinion thatSe~ction.2of the PollardBill is still in force, and it provides:

fled "Any such educational, institutionmay aollect from eac,hI..
. and laboratorycharges to cover ao~tuallaboratorymateria1.s and supplies used by s~uchstudentnot 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 'thanthe laboratory chargeswhich are provided for in the Po~llard

~Bill. We are, therefore,o,fthe 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