The Attorney General of Texas 

dARK WHITE 

Worney Gameral 

August 2, 1979 

iuorenu cOu* auimq Honorable Kenneth H. Ashwccth Opinion No. Kw-38 

‘0 se. 1254ll 

\.dstm TX Rlll Texas College & University System 

.12~41s-z501 P. 0. Box 12788, College Station Re: Authority of a college to 

Austin, Texas 787ll charge a lower amount of tuition 

than provided by law. 

‘01 commeru. sui* am 

Dear Commissioner Ashworth: 

You have requested our opinion concerning tuition fees charged by a 

public junior college. You have asked whether the board of trustees may set 

a tuition rate for a classification of a student which is lower than the tuition 

rate provided by law if the college does not claim a proportionate share 

funding for the students so classified. With the exception provided in 

section 130.085 of the Education Code which permits tuition exemption for 

residents of the district where necessary to receive certain federal 

assistance, the junior college district must charge each student the tuition 

provided for other statesupported colleges if it wishes to receive state 

appropriations. Educ. Code S 130.003(b)(4). 

Section 130.003 provides in pertinent part: 

s 130.003. State Appropriation for Public Junior 

Colleges 

(a) There shall be appropriated biennially from 

money in the state treasury not otherwise 

appropriated an amount sufficient to supplement 

local funds for the proper support, maintenance, 

operation, and improvement of those public junior 

colleges of Texas that meet the standards prescribed 

by this chapter. The sum shall be allocated on a basis 

and in a manner provided in Subsection fb) of this 

section. 

fb) To be eligible for and to receive a proportionate 

share of the appropriation, a public junior college 

must: 

. . . . 

p. 110 
Honorable Kenneth H. Ashworth - Page Two (MW-38) 

(4) collect, from each full-time and part-lime student enrolled, 

matriculation and other session fees in the amoqnts required and 

provided by jaw for other state-upported institutions of higher 

education, except, however, the governing board of a public jmior 

college district may waive the difference in thn rate of tuition for 

non-resident and resident students for a person, and his dependents, 

.,fho owns property which is subject to ad valorem taxation by the 

junior college district, that the amount charged nonresidents who 

have not received a wniver of nonresident tuition need not be 

greater than the amount o required by law on January 1, 1971, and 

that notwithstanding the provisions of Subsection (b) cf Section 

54.051 of this code, the minimum tuition charge for resident 

students shall be $25. 

(Emphasis added). We believe the language is clear that to be eligible, for state funds each 

student must be charged the tuition fees chapter 54 of the Education Code 

with the exception contained in sections and 130.085. Atlorney Gcueral 

Opinion H-61.4 (1973). 

SUMMARY 

Public junior colleges may nbt charge a lower tuition for certain 

classifications of students without relinquishing their entitlement 

to state funds. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by David B. Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMlTTEE 

C. Robert Heath, Chairman 

Martha Allen 

David B. Brocks 

Susan Garrison 

P. 1lL 
. . . 

_.- 

Honorable Kenneth H. Ashworth - Page Three (MW-38) 

Rick Gilpin‘ 

Barbara Marquardt 

William G Reid 

Bruce Youngblood 

p. 112