Hon. C. H. Cavness Opinion V- 1507 

State Auditor 

Austin, Texas Re: Legality of including "G:I." 

(Teague Bill) students in 

calculating the apportionment of public junior col- 

.lege'appropriati.ons, Land' 

the legality of afmltting 

;;:;~a;~;;;,;;~ ;; o;;z; 

Dear Sir: tuition r.ates i 

,We refer to your recent request addressed to 

this office which reads as follows: 

“i. We shall appreciate yo'ur advising 

us If in,yo.ur opinion funds a,ppropriated In 

Article IV, House Bill 426 of the 52nd Legislature, may be apportioned and paid to the . Public Junior Colleges enumerated therein for 

semester hours being taken during the coming 

1952-1953 school year by students who are 

receiving education allowances benefits from 

the Federal Government as provided in H. R 

7656, 82nd Congress, Second Session, That 

Act Is known as 'Veterans Readjustment Assistance Act of 1952.' 

'We quote herewith another question on 

the n.ew G.I. Bill from one of the State Colleges (Senior) and, ask your opinion directly 

on it - of course all State Colleges will, be 

affected, This ia: 

'A question has arisen concerning 

the provisions of the new G.1. Bill 

for education of Korean veterans. Is 

it your Interpretation that an out of 

state student who is a. Korean veteran 

,will pay the out of state tuition If 

he elects to attend a Texas State Supported Instlt,utlon? A student whose 
Hon. C. H. Cavness, page 2 (V-1507) 

home is in another state has made 

application for admission to Texas 

~College of Arts and Industries at 

the beginning of the coming fall 

semester and has objected to the 

payment of an o,ut-of-state fee on 

the ground that he is a Korean veteran." 

Article IV of House Bill 426, Acts 52nd Leg., 

R.S. 1951, ch. 499, pm 1228, at page 1443, provides 

lump sum appropriations forthe:biennlum (September 1, 

1951, through August 31, 1953), and for the apportionment 

thereof to the public junior colleges listed therein which 

qualify under its provisions. Section 4 of Article IV, 

supra, provides as follows: 

"The funds herein appropriated shall 

be disbursed to the Public Junior Colleges 

which qualify to rece,ive It on the basis 

Of . . .($189) per capita for each fulltime student equivalent enrolled in approved 

courses of study, OP proportionately if the 

total appropriation made by this Article 

should be insufficient to provide the full 

. . . ($189) per capita. 

"The term 'full-time student equlvalent' 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 to be benefitted'by this 

Article shall,be determined by dividing 

by fifteen (15) the total number of semester hours of approved courses carried by 

all eligible students as of November 1st in 

each fiscal 

"; 

ear, except that not more than 

eighteen (18 semester hours being carried 

on that date by any individual student shall 

be co,unted, nor shall the semester hours 

carried by any student in excess of a total 

of sixty-six (66) semester credit hours 

earned in a Public Junior College be 

counted; and provided further that the 

count;oO semester hours shall not include 

those being carried by any students who 

have not made timely compliance with the 

. requirements of Section 3 (a) above, - nor 
Hon. 6. H. Cavness, page 3 (V-1507) 

those being 

cept Vocatio 

tuition and fee expenses are paid by the 

United States Government.!' (Emphasis 

added throughout.) 

Section 3 referred to in the quoted,Section 4 

reads as follows: 

"It is further provided that to be 

eligible for and to receive a proportionate share of this appropriation a Public 

Junior College shall: 

"(a) Prior to November 1st of each year, 

collect matriculation and other session 

fees not less than the amounts provided Tgr 

by law for State-supported institutions of 

higher learning (for full-time and for parttime students from each enrolled student) 

,&t. 2654c, V.C.S.7, except this shall not 

apply to any studeTit who may be exempt from 

the payment of such fees by State law f&t. 

2654b-1, V.C.S,7; e . *'I 

Thus, in this statutory formula for proportlonate disbursement of the Junior college appropriations, 

it is provided that the count of semester hours required 

therein shall not include those semester ho.urs carried 

by any students whose tuition and fee expenses are paid 

by the United States Government, except vocational rehabilitants. 

In 1943 Section 3 of Article 2654b-1, V.C.S., 

was enacted. This statute exempted from the payment of 

tuition at our public Institutions of collegiate rank 

veterans of the armed services of World War II, as 

designated therein, who were citizens of Texas, honorably discharged, and who had not been discharged on 

personal request or because over the age of thirtyeight years. But in 1945, after the passage of Public 

Law 346, 78th Congress, bestowing Federal ed,ucational 

benefits on certain veterans of the armed services of 

World !#ar II, Section 4 of Article 2654b-1, V.C.S., 

was enacted, which provides in part as follows: 

"Sec. 4. The exemption from the payment 

of dues, fees and charges as provided hereinabove In Section land Section 3 of this 
‘. 

Horn. C, H. Cavness, page 4 (V-1507) 

Article ,&t-. 2654b-1, V.C.S.7 shall ,not 

apply to or lnclude~honqrabl~ discharged 

members of such United States Armed Forces, 

or ,otHer persons hereinabove named, who are 

eligible for education or training benefits 

provided by the United States Government 

under Public Law No, 16, 78th Congress, 

f- vocational rehabllltants7, or amendments 

thereto, or'under Public-Law No: 346, 78th 

Congress fi,I, Bill7 or amendments thereto, 

or under any other-Federal legislation that 

may be in force at the time of registration 

in the college concerned of such ex-service 

Oman or woman- As to all ex-service men or 

women as defined In this section, the governing boards of each of the several institutions of collegiate rank, supported In whole 

or in part by public funds appropriated from 

the State Treasury, are hereby authorized 

to enter Into contracts with the Unlted 

States Government, or any of its agencies, 

to furnish .instructlon to such ex-service 

men and women at a tuition rate which covers 

the estimated coat of such Instruction or, 

in the alternative, at a tuition.rate of 

. ($100.00) a semester, as may be determined by the governlnfi board of 'the institution concerned; 1 . . 

See also paragraphs 2 and 4 of Section 1 of 

Article 2654c, as amended in 1947 by House Bill 507, Acts 

50th Leg., R.S., 1947, ch. 218, p* 389, each containing 

the following provision: 

I9 : . ,> provided that the nonresident 

registration fee may within the discretion 

of said governing'board be charged the 

United States Government for veterans enrolled under the provisions of any Federal 

law and regulations authorizing education1 

or tre$nlng benefits for said veterans, 

9, i c 

Section 4 of Article 2654b-1 specifically concerns veterans entitled to "GoI." Bill lP.L, 346) educational benefits, and.the manifest purpose of that law was 

to allow,the several public Institutions of oollegiate 

rank in Texas to realize tuition payments from the Government on such veterans, Att'y Gen, Op. V-688 (1948). 
H0n.C.. H. Cavness, page 5 (V-1507) 

Therefore, it seems,reasonable to suppose that.the .Legislature,~when it incorporated in the j.unior college appropriation (Art. ,IV of H. B. 426, supra) that provision 

prohibiting the inclusion of semester hours of veterans 

whose education is paid for by the Government, had in 

mind only the educational benefits afforde~di veterans 

under Public Law 346 or some other law'provlding for similar tuition payments by the Government. Tuition payments under Public Law 346 are governed by the following 

provisions (see 38 U.S,C.A. 1951 pocket part, p. 248, 

Veterans Regulations): 

"The administrator shall pay to the edueational or straining institution , . '; for each 

person enrolled infull time or part time course 

of education or training, the customary cost of 

tuition, and such laboratory, library, health, 

infirmary,~ and other similar fees as are customarily charged,,and may pay for books, supplies, 

equipment, and other necessary expenseg,,e,xelusive of,,borird, lodging, other liv$ng expenses, 

and travel, a$s are generalfy .required for: the 

successful pursuit and completion of the'course 

by other students in the institution: Provided, 

That in no event shall such 

$ 

ayments, with respect, to any person, exceed 500 for an ordinary 

school year unless .the veteran elects Bo have 

such customary charges paid in excess :oP such 

limitation, in which event there shell be charged 

against his period of eligibility the proportion 

of an ordinary school year which such excess 

bears to $500: . _ . And ,provided further, That 

any lnstitutiqnmay app,ly to the Administrator 

four an.adjustment of tuition and the Admlnistrator, if he finds that the customary tu.&tion 

charges are insufficient to permit the' insti-' 

tution to furnish education or training to 

eligible veterans, or Inadequate compensation 

therefor, may provide for the payment of such 

fair and reasonable compensation as will not exceed the estimated cost of teaching personnel 

and supplies for inatrnct-ion; and may in like 

manner readjust such payments from time to time. 

. . . in the computation of such estimated cost 

of teaching personnel and auppl1ea for instruction in the case of any nonprofit educational 

institution, no reduction shall be made by 

reason of any payments to such Institution from 

State or municipal or other non-Federal public 
Hon..C. H. Cavness, page 6 (V-1507) 

funds, or from private endowments or gifts or' 

other income from nonpublic sources . . .' 

In addition to the above payments which are 

made directly to the educational Institution, the Government also pays a subsistence allowance to the,student. 

We think that in arriving at the true meanin 

and purpose of that provision in Article IV ofH. ,B. 42E 

supra, which excludes from the semester hourscount thosg 

hours taken by students whose tuition is paid by the 

United States Government, it is necessary to consider In 

pari materla therewith Section, 4 of Article 2654b-1. When 

that provision is studied in Its proper relation to Article 2654b-1, it becomes readily apparent that the legiwlative intent was not to provide for a $189 per capita State 

apportionment or appropriation to junior colleges for any 

full-time student equivalent whose cost of Instruction 

was being paid directly to the college by the United 

States Government. The Legislature had In mind, we think, 

that the junior college would receive tuitionbenefits on 

veteran students from the Government under Public Laws 

346 recited In Article 26$+b-1, in such amounts as would 

make It unnecessary for the State to support junior colleges with State appropriations toward'the education of 

such veterans. In this the Legislature reasoned carrectly because, we are Informed, the junior colleges have. 

: realized more on tuitions paid by the Government on Its 

Public Law 346 v~eteran students than the~$189 per capita 

appropriated by the State to assist in the education of 

full-time student equivalents receiving no tuition aid 

from the Government‘ 

However, with respect to veterans ellglble for 

Government educational benefits under the Teague Bill 

(Public Law 550, 82nd Congress, 2d Sess.; H. R. 7656, to 

be codified 38 U,S,C,A., note foll. chap. 12) approved 

,July 16, 1952, we find that Public Law 550 provides only 

for payments directly to the eligible veteran and llmlts 

the amount of tuition which the institution may charge to 

the established tuition which the-institution requires 

similarly circumstanced nonveterans to pay. 

part : 

Section 231 of H. R. 7656, supra, provides in 

"(a) the Administrator shall pay 2 

each eligible veteran who Is Pursuing a 

program of education or training under this 
Hon. C. H, Cavness, page 7 (V-1507) 

title, and who applies therefor, an education 

and training allowance to 

expenses of his subsistence, 

supplies, books and equipment." 

: Section 232 provides in part as follows: 

"(a) The education and training allowance,of an eligible veteran who is pursuing a 

program of education or training in an educational institution and is not entitled to 

receive an education and trainin allowance 

under subsection (b), (c), (d), $e), or (f) 

shall be computed as follows: 

"(1) If such program is pursued on a 

full-time basis,.such allowance shall be COW 

puted at the rate of $110 per month, if the 

veteran has no dependent, or at the rate of 

$135 per month, if he has one dependent, or 

at the rate of $160 per month,if he has more 

than,one d&pehdent;, . ..lr ,: 

Section 234 provides as follows: 

"The Administrator may, if he finds 

public educational institution which'hoes 

not have established dharges for tuition 

and feeswhich It requires nonveteran Pesidents to pay, such institution may charge 

and receive from each eligible veteran who 

is a resident an amount equal to the estimated .cost of teaching personnel and .auppliea 

for instruction attributable to such veteran, 

but in no event to exceed the rate of $10 per 

'month for a full-time course.'I 

Tuitions payable by nonveteran residents enrolled in Texas public institutions of collegiate rank 

for fall and spring semester are fixed by statute, likewise the minimum-maximum rates within which college 
. 

Hon. C. H. Cavness, Page 8 (V-1507) 

boards may yearly establish tuitions for summer ses- 

.sionsl Pars., 1 and 4, Sec. 1, Art. 26540, Q.C.S. The 

minimum-maximum rates for tuition which may be charged 

nonresident nonveteran students,. within, &loh oollege 

boards may establlsh,a fixed rate yearly, are 'also 

.preacribed by law. Pars. 2 and 4, Sec. 1, Art. 2654~. 

.' Therefore, the tuition of nonveteran students, resident 

and nonresident, are "established oharges" (established 

by statute with respect to residents, or established 

within limits fixed in the statute with respect to nonresidents) within the meaning of the above underscored 

provision in Sectlon 234, H. R. 7656, supca. It follows 

: that the tuition chargeable to veterans, residents or 

nonresidents, who apply,and enroll for benefits under 

Public Law 550.(Teague Bill) may not be greater than the 

college legally~ charges nonveteran students, residents 

or nonresidents;. respectively, 

Under Article IV of House Bill 426, supra,our 

public junior colleges realize a state appropriation on 

each formula-determined nonveteran student, resident or 

nonresident, In the amount of $189. May the provisions In 

that appropriation bill be construed to deprive such colmleges of that $189 state aid .on veteran students, resldent or nonresident, who enroll under application for 

Teague Bill benefits, and are subject to the same tuition 

charges established for nonveteran students, resident and 

nonresident, without doing violence to the underlying 

purpose of the junior college appropriation bill herelnbefore discussed? We think not. 

The clear purpose of the appropriation made'in 

the junior college bill was to grant state aid of $189 

or to the extent made avallabe, on each formula-determined 

student whose tuition charges muet be llmlted to those 

fixed In or eetabliehed~under provisions of Article 2654c, 

V.C.S. 

Therefore, it Is the opinion of this office 

that the funds appropriated In Article IV of House Bill 

426, supsa,may be apportioned and paid to the junior 

colleges enumerated therein on eemester hours being taken 

during the 1952-1953 school year by veteran students receiving educational beneflte from the United States Government as provided in the Teague Bill, Public Law 550, 82nd 

Congress, 2nd Session. 
. .’ 

Hon. C. H. Cavness, page 9 (V-1507) 

In connection with your second question, it 

has been pointed out that Article 2654~ governs in,the 

matter of tuition that may be charged veteran applicants, 

resident and nonresident, who 'are eliglble for education 

benefits under the Teague Bill, Public Law 550, supra. 

We find no provision in Article 2654~ or ,other State law 

which would authorize theeerning boards of our'-public 

institutions of colleglate'rank to admit at resident tuition rates nonresident veterans of any war or national 

emergency, unless they a8 children.of armed service personnel stationed In Texas come within the benefits of 

subsec,tion (6) ,of Section 1, Article 2654c, V.C.S. 

Gen. Cp. v-1502 (1952). 

Att'y 

Therefore, a nonresident stud.ent who Is a Korean 

ve~teran muat pay the nonresident fees established for nonveteran nonresident students If he elects to attend a Texas 

State-supported institution of collegiate rank. 

SUMMARY 

Funds appropriated by Article IV of 

House Bill 426, Acts 52nd Leg. 1951, ch. 

499, pp.'1228, 1443, may be apportioned and 

paid to the junior colleges enumerated therein for semester hours being taken during the 

1952-1953 school year by veterans receiving ~. 

educational benefits provided In Public Law 

550, 82nd Congress, 2nd Session. 

A nonresident student who is a Korean 

veteran and receiving paymentfor tuition and 

subsistence under Pi L. 550, 82nd'Congress, 

2nd,Session, will pay the nonresident tuition 

established for nonresident nonveteran students,.under the provisions of Article 2654c, 

V.C.S., if he elects to attend a~Texas Statesupported institution of collegiate rank, 

unless the veteran Is the child of armed 

service personnel:ab%%ed in Texas and thereby 

homes within the benefits of 

of Section 1, Article 2654c, 

subsectlon~ (6) 

supra. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

Mary K. Wall 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

Yours very truly, 

PRICE DANIEL 

Attorney General 

Assistant