AUSTIN. TEXAS 78711 

December 12, 1969 

Honorable Phlllip 0. Hoffman Opinion No. M-537 

President, The University of Houston 

Houston, Texas 77004 Re: Whether the parking 

fee charged students 

Attention: Honorable C. F. McElhlnney by the University of 

Senior Vice President and Houston Is a volunTreasurer tary or a compulsory 

student service fee 

Gentlemen: 

under Article 2654a, 

V.A.C.S. 

We are In receipt of your request for an opinion of this 

office concerning whether the parking fee which the University 

of Houston charges only those students who elect to use the 

University's parking facilities Is a voluntary or a compulsory 

fee under Section )+a of Article 2654a, Vernon's Civil Statutes. 

That statute provides, in part: 

"Each of the governing boards of the various 

institutions of higher learning covered by Section 

3 of this Article Is authorized to charge and collect 

from students registered in said respective institutions fees to cover the cost of student services 

which the said governing board deems necessary or 

desirable in carrying out the educational functions 

of the institution such fee or fees to be either 

voluntary or compulsory as determined by the said 

governing boards. Provided, however, that the total 

of all such compulsory student service fees collected 

from all students shall not exceed Thirty Dollars 

($30.) for any one (1) semester or summer session. 

Provided. however. no fee for parking services or 

facilities may be levied on any student except those 

who choose and desire to use the parking facilities 

provided." (Emphasis added.) 

"Student services” are defined in subsection b of the 

statute so as to include specifically "automobile parking 

privileges." 

The University of Houston is one of the institutions 

covered by Section 3 of Article 2654a. Since the final 

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Honorable Phllllp G. Hoffman, Page 2 (MJ37) 

proviso of Section 4a emphasized above requires that payment of fees for par&g services and f&ilities at the 

Institutions covered by Section 3 be left to the discretion 

of the individual students, depending upon whether or not 

those studenta desire to use such services and facilitieB 

we are of the opinion that such fees are voluntary rather' 

than compulsor student service fees under Subsection 4.a 

of Article 265 La That statute limits to $30.00 per student 

the total of com;rulsory student service fees collectible in 

any one semester or summer session, but does not limit the 

total per student amount of voluntary student service fees 

which may be collected. However, Section 4a of Article 

265k provides that such fees may be assessed "to cover 

the cost of student services," and consequently the amount 

assessed for any given service must be commensurate with 

the cost of such student service. ., 

The parking fee described in your opinion request is 

one which the University of Houston charges only those 

students who desire to use the institution's parking facilities. It is, therefore, a voluntary student service fee 

under Section 4a of Article 2654a, V.A.C.S. and is not within the maximum dollar amount placed upon compulsory student 

service fees. ,..~. 

SUMMARY 

The fee which the University of Houston charges 

students for use of that institution's parking facilities Is a voluntary student service fee, rather than 

a compulsory student service fee, under Section 4a 

of Article 2654a, V.A.C.S. 

Ve&ruly yours; 

Prepared by Rick P. Fisher 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

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. r 

- .C 

Honorable Phillip G. Hoffman, Page 3 (M-537 ) 

Alan Minter 

James Quick 

Jack Sparks 

Alfred Walker 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

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