# The Attorney General of Texas

dARKWHITE Worney Gameral August 2, 1979

iuorenu cOu*auimq Honorable Kenneth H.Ashwccth Opinion No. Kw-38 ‘0se.1254ll \.dstm TX Rlll Texas College &University System .12~41s-z501 P. 0. Box12788,College Station Re: Authority of a college to Austin, Texas 787ll charge a lower amount of tuition than provided bylaw.
‘01 commeru. sui*am Dear Commissioner Ashworth:

You have requested our opinion concerning tuition fees charged by a public junior college. Youhave asked whether the board of trustees may set a tuition rate for aclassification ofa student which islower 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 130.085of 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 S130.003(b)(4). Section 130.003provides inpertinent 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 onabasis and in a manner provided in Subsection fb) of this section. fb)Tobe eligible for and to receive aproportionate share of the appropriation, a public junior college must:

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(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 andresident students for aperson, and his dependents, .,fhoowns 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 orequired 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). Webelieve the language isclear that tobeeligible, for state funds each student must be charged the tuition fees chapter 54of 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 byDavid B.Brooks Assistant Attorney General APPROVED: OPINION COMMlTTEE C. Robert Heath, Chairman Martha Allen David B.Brocks Susan Garrison

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

Rick Gilpin‘ Barbara Marquardt William GReid Bruce Youngblood

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