# THE ATT~RNEE' GENERAL OFTEXAS Aunm~. -IxxAm rerll

April 25, 1974
The Honorable George W. McNiel State Auditor P. 0. Box 12067 Austin, Texas 78711

Dear Mr. McNiel: Opinion No. H- 284 Re: Questions relating to the collection of student service fees under $54.503(b) of the Education Code Your letter requesting our opinion opens:

,“In connection with our current audits ofthe State’s senior colleges anduniversities, aquestion has arisen concerning Section 54.503(b) of the Texas Education Code. This statute provides that all compulsory student services fees collected from a student for any one semester or summer session shall not exceed $30.00, and further stipulates that, except for public junior colleges, all such compulsory student services fees charged and collected shall be assessed in proportion to the number of semester credit hours for which a student registers. While the $30.00 maximum amount to be collected for any one semester has been in effect for a number ofyears, the requirement that such charge be in proportion to the number ofsemester credit hours for which a student registers was added rebently under provisions ofHouse Bill NO. 83, Acts of the 63rd Legislature. ” You then describe current practices ofvarious colleges and universities and pose these questions:

p. 1324The Honorable George W. McNiel, page 2 (H-284)

“1. At what level of semester credit hour enrollment should the maximum compulsory student services fee of $30.00, or lesser amount if so established by aninstitution, be attained?

“2. Ifthe answer toquestion number one above hinges upon whether or nota student is classified as being enrolled ona ‘full-time’ basis, how many semester credit hours constitute full-time enrollment for the purpose ofcharging the maximum amount?

“3. For semester credit hour enrollments of less than that atwhich the maximum fee amount is attained, should the charged bebased onaprecisely equal amount per semester credit hour assessed in direct proportion tothe number of semester credit hours ofenrollment or is a bracketed arrangement wherein the charge is the same within a range ofhours ofenrollment, such as 1through 3, 4 through 6, md so forth, acceptable?” The exact, pertinent language oftheamended statuteis:

“The governing board ofan institution of higher education may charge and collect from students registered at theinstitution fees to cover the cost of student services which the board deems necessary or desirable in carrying out the educational functi,ons of the insti~tution. The total ofall compulsory student services fees collected from a student for any one semester or summer session

p. 1325The Honorable George W. McNiel, page 3 (H-284)

shall not exceed $30. All compulsory student services fees charged and collected under this section by the governing board ofan institution ofhigher education, other than a public junior college, shall be assessed in proportion tothe number of semester credit hours for which a student registers
....” (emphasis added) We interpret the emphasized words to mean that only those students enrolled foa the maximum number of semester hours normally permitted by the institution can be charged thefull amount ofa compulsory student services fee. Allystudents carrying a lesser number ofhours will pay only a proportionate portion ofthe full fee. A strict reading of the statute would be that the maximum of $30.00, or a lesser maximum amount if so established by the institution, can be attained at any semester credit enrollment level determined by the institution. However, the most reasonable interpretation, in our opinion, would be that

### the Legislature intended the application ofthat maximum fee for students enrolled for the number ofhours usually considered by that institution to be the maximum full time load permitted under its rules and regulations. All students carrying a lesser number ofhours will pay only a proportionate portion ofthe full fee based onaprecisely equal amount per semester hour in direct proportion to the maximum full time load permitted. Attorney General Letter Advisory No. 6was concerned with 554.503(b) prior toits amendment by the 63rd Legislature, butit is still pertinent. The focal point ofthe discussion there was the clause “which the board deems necessary or desirable in carrying out the educational functions ofthe institution. ” That language is still a part ofthe statute and it repels any notion

p. 1326The Honorable George W. McNiel, page 4 (H-284)

that the imposition of compulsory student services fees must beuniform among our institutions ofhigher education. In IA-6 we said: “The powers ofthe governing boards ofthe numerous institutions ofhigher education are set out throughout the Code. The provisions are not uniform. However, ‘inmost instances, they give governing boards general power to adopt rules and regulations necessary for the management ofthe institutions.
. . . “The governing board ofan institution ofhigher education, inadopting rules and regulations for its operation, exercises delegated legislative powers, and in the absence ofa clear showing that it has acted arbitrarily or has abused the authority vested init, the courts will not interfere. ” Inanswer toyour specific questions, therefore, it is our opinion there is no one “level ofsemester credit hour enrollment” towhich the maximum compulsory student services fee of $30.00 should apply. It will depend upon the maximum load which an institution normally permits its students to carry. Since the above answer does not hinge ona “full time” or “part time” classification, we need not answer your second question. And inanswer toyour last inquiry, we believe all calculations should be “based ona precisely equal amount per semester credit hour assessed in direct proportion to the number of semester credit hours ofenrollment, ” measured against the maximum semester credit hour load normally permitted bythe school. SUMMARY Section 54. 503(b), Education Code, V. T. C.S., requires that the compulsory student service fee be charged proportionately according to the number of semester credit hours for which a student is enrolled,

p. 1327. .

The Honorable George W. McNiel, page 5 (H-284)

with the maximum fee (not more than $30) charged those taking the maximum number ofhours 

### normally permitted astudent. Very truly yours, 

# c

DAVID M. KENDALL, Chairman Opinion Committee

p. 1328