## GENERAL E NE-Y ~OFTEXAS

March 11,1953

Hon. C. H. Cavness State Auditor Capitol Station Austin, Texas

Dear Sir: Opinion No. S-17
Re: Legality oftreating funds the United States Government is obligated to pay for student tuitions as being moneys collected for the purpose of determining public junior college appropriations.
You have requested an opinion ofthis office onthree questions involving the construction of Sections 3(a) and 4ofArticle IV of House Bill Number 426 ofthe 52nd Legislature. This bill was enacted as Chapter 499, Acts ofthe 52nd Legislature, 1951,page 1228. You ask in substance the following questions:

1. Inview ofthe provisions of Sections 3(a) and 4ofArticle IV, Chapter 499, Acts ofthe 52nd Legislature, may the semester hours taken by military enlisted personnel be counted in arriving at the per capita apportionment for the colleges attended by such personnel? The tuition and fee expenses ofmilitary enlisted personnel are paid inpart by the.student and inpart by the Government, in payments made directly tothe school.

2. In view ofthe provisions ofSections 3(a) and 4ofArticle IV, Chapter 499, Acts ofthe 52nd Legislature, are military enlisted personnel who are non-residents of Texas eligible tohave their semester hours counted in determining the apportionment due the junior college from the State per capita appropriation? Such students pay apart of their tuition and fee expenses when they enroll. The remaining expenses are paid tothe school directly by the Government atthe conclusion of each semester.Hon. C. H. Cavness, page 2 (S-17)

3. Some ofthe non-resident students attending Statesupported junior colleges pay their non-resident tuition fees in periodic installments through the semester. May the non-resident tuition fees be counted inproportion tothe amount paid prior to November 1st in determining the school’s per capita apportionment 1

The,applicable portions ofSections 3(a) and 4ofArticle IV, Chapter 499, Acts ofthe 52nd Legislature, 1951,page 1228atpages 1444-1445, provide as follows:

“Sec. 3. Itis further provided that to be eligible for and to receive aprbportionate share ofthis appropriation, a Public Junior College shall:

“(a) Prior toNovember 1stof each year, collect matriculation and other session fees not less than the amounts provided for by law for State-supported institutions ofhigher learning (for full-time and for part-time students) from each enrolled student, except this shall not apply to any student who may be exempt from the payment of such fees by State law;
“Sec. 4.

. . .The term ‘full-time student equivalent’ as herein used shall be defined as a student taking fifteen (15) semester hours of approved courses; and the number of full-time student equivalents for any Junior College tobe benefited bythis Article shalI be determined by dividing by fifteen (15)the total number of semester hours of approved courses carried by all eligible students as offiovember 1st ineach fiscal year, except that notmore than eighteen (18) semester hours being carried onthat date by any individual student shall be counted, nor shall the semester hours carried by any student in excess of atotal of sixty-six (66) semester credit hours earned in a Public Junior College be counted; and provided further that the count of semester hours shall not include those being carried by any students who have not made timely compliance with the requirements ofSection 3(a) above, nor those being carried by any students (except Voca-.-. -

Hon. C. H. Cavness, page 3 (S-17)

tionai Rehabilitants) whose tuition and fee expenses are paid by the United States Government.”

Itis evident from a reading ofArticle IV ofGhapter 499, Acts ofthe 52nd Legislature, 1951,together with Section 4ofArticle 2654b-1, Vernon’s Civil Statutes, that itwas the legislative, intent to provide aper capita apportionment for each student enrolled in ajunior college. The State would pay the apportionment directly to the school, except in certain instances inwhich the government would pay directly tothe school the cost of instruction for particular students. Att’y. Gen. Op. V-1507 (1952). The present question covers an instance where the government pays the tuition and fee expenses, in part; of certainmilitary enlisted personnel, such payments being made directly tothe school. By express words in the appropriation act students who have their tuition and fee expenses paid by the United States Government, cannot have their semester hours considered in determining the per capita apportionment tobe paid tothe school. The fact situation differs from that discussed in Attorney General’s Opinion No. V-1507 (1952)inthat the present payments by the Government are directly tothe school, while the payments by the Government under the “G. I.” (Teague) Bill, discussed inAttorney General’s Opinion ho. V-1507 (1952) were made directly tothe student. Itwould seem that the legislature intended that each student should receive aper capita apportionment to’the school to cover his costs of instruction. Italso appears tobe the legislative intent that in certain circumstances the costs of such instruction were not tobe paid by the State. One ofthose circumstances is when,the tuition and fee expenses ofa student are paid directly tothe school by the United States Government.

Since we have answered the first question in the negative, the same reasons compel the answer tothe second question,in the negative.
’The third question involves dvilian non-residemstudents attending State-supported junior’ colleges. Section 3(a) ofthe Appropriation Act provides that.a Public Junior College shall, prio,r to November 1stof each year, collect matriculation and other session fees not less than the amounts provided for by la& (Art. 2654c, V.C.S.) from each en- &led student (with certain exceptions not here involved.) Section 4of‘Hon. C. H. Cavness, page 4 (S-17)

. the Appropriation Act provides that in determining the per capita apportionment towhich each school is entitled the semester hours carried by eligible students as ofNovember 1stwill be counted (emphasis added), and this limitation is repeated in anegative proviso in the conclusion of the same section, “.

. .provided further that the count ofsemester hours shall not include those being carried by any students who have not made timely compliance with the requtrements ofSection 3(a) above

.. .” A non-resident student such as you inquire about is not an “eligible” student until his enrollment is completed. His enrollment is not completed until his fees are paid. Ifthe fees are not paid prior to November 1stthe student is not eligible to have his semester hours considered indetermining the credit hours earned by his school. Until the student becomes “eligible” by paying all ofhis fees, none of his hours may be counted as hours of an eligible student.
SUMMARY

The semester hours carried by a student in a Public Junior College who has his tuition and fee expenses paid directly to the school by the United States may not be considered in determining the semester credit hours earned by the school.

A non-resident student whose matriculation and other session fees are not paid in full prior toNovember 1sthisnot an eligible student whose semester hours may be considered in determintng the credit hours earned by his school.
APPROVED: Yours very truly,
J. ~GQ@yis, Jr. County Affairs Division
C. K. Richards Reviewer
Robert S. Trotti First Assistant JOHN BEN SHEPPERD Attorney General

BYBilly E. l%e

Assistant
John Ben Shepperd Attorney General
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