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 of the 

State’s senior colleges and universities, a question 

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 

of years, the requirement that such charge be in proportion to the number of semester credit hours for 

which a student registers was added rebently under 

provisions of House Bill NO. 83, Acts of the 63rd 

Legislature. ” 

You then describe current practices of various colleges and universities 

and pose these questions: 

p. 1324 
The 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 an institution, be attained? 

“2. If the answer to question number one 

above hinges upon whether or not a student is 

classified as being enrolled on a ‘full-time’ 

basis, how many semester credit hours constitute 

full-time enrollment for the purpose of charging 

the maximum amount? 

“3. For semester credit hour enrollments 

of less than that at which the maximum fee amount 

is attained, should the charged be based on a precisely equal amount per semester credit hour 

assessed in direct proportion to the number of 

semester credit hours of enrollment or is a 

bracketed arrangement wherein the charge is the 

same within a range of hours of enrollment, such 

as 1 through 3, 4 through 6, md so forth, acceptable?” 

The exact, pertinent language of the amended statuteis: 

“The governing board of an institution of 

higher education may charge and collect from students registered at the institution 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 of all 

compulsory student services fees collected from a 

student for any one semester or summer session 

p. 1325 
The 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 of an institution 

of higher education, other than a public junior 

college, shall be assessed in proportion to the 

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 the full amount of a compulsory student 

services fee. Ally students carrying a lesser number of hours will pay only 

a proportionate portion of the 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 of that maximum fee for 

students enrolled for the number of hours usually considered by that institution to be the maximum full time load permitted under its rules and regulations. All students carrying a lesser number of hours will pay only a 

proportionate portion of the full fee based on a precisely equal amount per 

semester hour in direct proportion to the maximum full time load permitted. 

Attorney General Letter Advisory No. 6 was concerned with 5 54.503(b) 

prior to its amendment by the 63rd Legislature, but it is still pertinent. The 

focal point of the discussion there was the clause “which the board deems 

necessary or desirable in carrying out the educational functions of the institution. ” That language is still a part of the statute and it repels any notion 

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

that the imposition of compulsory student services fees must be uniform 

among our institutions of higher education. In IA-6 we said: 

“The powers of the governing boards of the 

numerous institutions of higher education are set out 

throughout the Code. The provisions are not uniform. 

However, ‘in most instances, they give governing 

boards general power to adopt rules and regulations 

necessary for the management of the institutions. . . . 

“The governing board of an institution of higher 

education, in adopting rules and regulations for its 

operation, exercises delegated legislative powers, 

and in the absence of a clear showing that it has acted 

arbitrarily or has abused the authority vested in it, 

the courts will not interfere. ” 

In answer to your specific questions, therefore, it is our opinion 

there is no one “level of semester credit hour enrollment” to which 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 on a “full 

time” or “part time” classification, we need not answer your second question. And in answer to your last inquiry, we believe all calculations should 

be “based on a precisely equal amount per semester credit hour assessed 

in direct proportion to the number of semester credit hours of enrollment, ” 

measured against the maximum semester credit hour load normally permitted by the 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 of hours normally permitted a student. 

Very truly yours, 

c 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1328