AUSTIN. TEXAS 78711
December 12, 1969

Honorable Phlllip 0. Hoffman Opinion No. M-537 President,The Universityof Houston Houston, Texas 77004 Re: Whether the parking fee charged students Attention: HonorableC. F. McElhlnney by the Universityof

Senior Vice Presidentand 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 concerningwhether the parking fee which the University of Houston charges only those students who elect to use the University'sparking facilitiesIs a voluntary or a compulsory fee under Section )+a of Article 2654a, Vernon's Civil Statutes. That statute provides,in part:

"Each of the governingboards of the various institutions

of higher learning covered by Section 3 of this Article Is authorized to charge and collect from students registeredin said respective institutions fees to cover the cost of student services which the said governingboard deems necessary or desirable in carryingout the educationalfunctions of the institution such fee or fees to be either voluntaryor compulsoryas determinedby the said governingboards. Provided,however, that the total of all such compulsorystudent 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.) "Studentservices” are defined in subsectionb of the statute so as to include specifically "automobile parking privileges." The Universityof Houston is one of the institutions covered by Section 3 of Article 2654a. Since the final
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proviso of Section 4a emphasizedabove requires that payment of fees for par&g servicesand f&ilities at the Institutions

coveredby Section 3 be left to the discretion of the individualstudents,dependingupon whether or not those studentadesire to use such servicesand facilitieB we are of the opinion that such fees are voluntaryrather' than compulsor student service fees under Subsection4.a of Article 265La That statute limits to $30.00 per student the total of com;rulsory student service fees collectible in any one semesteror 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 servicemust be commensurate with the cost of such student service. ., The parking fee described in your opinion request is one which the Universityof Houston charges only those studentswho 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 compulsorystudent service fees. ,..~. SUMMARY The fee which the Universityof Houston charges students for use of that institution's parking facilities Is a voluntary student service fee, rather than a compulsorystudent service fee, under Section 4a of Article 2654a, V.A.C.S. Ve&ruly yours;

Preparedby Rick P. Fisher AssistantAttorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman

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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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