Hon. C. H. Cavness OpinionV-1507

State Auditor Austin, Texas Re: Legality of including "G:I." (TeagueBill) 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

,Werefer to your recent request addressed to this office which reads as follows:

“i.We shall appreciateyo'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 semesterhours being taken during the coming 1952-1953 school year by studentswho are receiving educationallowances benefits from the Federal Government as provided in H. R 7656, 82nd Congress, Second Session, That Act Is known as 'VeteransReadjustmentAssistance Act of 1952.'

'We quote herewith another question on the n.ewG.I. Bill from one of the State Colleges (Senior)and, ask your opinion directly
on it - of course all State Collegeswill,be affected, This ia:

'Aquestionhas arisen concerning the provisions of the new G.1. Bill for education of Korean veterans. Is it your Interpretationthat an out of state student who is a.Korean veteran ,willpay the out of state tuition If he elects to attend a Texas State Supported Instlt,utlon?A studentwhoseHon. C. H. Cavness, page 2 (V-1507)

home is in another state has made application for admission to Texas ~Collegeof 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 appropriationsforthe:biennlum (September 1, 1951, throughAugust 31, 1953), and for the apportionment thereof to the public junior colleges listed thereinwhich 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,iveIt on the basis Of

. . .($189)per capita for each fulltime student equivalent enrolled in approved
courses of study, OP proportionatelyif the total appropriationmade by this Article should be insufficient to provide the full

. . . ($189)per capita.

"The term 'full-timestudent 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 JuniorCollege to be benefitted'by this Article shall,be determinedby dividing by fifteen (15) the total number of semester hours of approved courses carriedby all eligible students as of November 1st in each fiscal ";

ear, except that not more than eighteen (18 semesterhours being carried
on that date by any individual student shall be co,unted,

nor shall the semesterhours 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 semesterhours shall not include those being carriedby any studentswho have not made timely compliancewith the

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

those being ceptVocatio tuition and fee expenses are paid by the United States Government.!'(Emphasis added throughout.)

Section 3 referredto 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 appropriationa Public JuniorCollege shall:
"(a) Prior to November 1st of each year, collectmatriculation and other session fees not less than the amounts provided Tgr by law for State-supported institutionsof 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 lawf&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 semesterhours required therein shall not include those semesterho.urscarried by any studentswhose tuition and fee expenses are paid by the United States Government, except vocationalrehabilitants.

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 collegiaterank 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 !#arII, 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 providedhereinabove 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 personshereinabove named, who are eligible for education or training benefits provided by the United States Government under Public Law No, 16, 78th Congress, f- vocationalrehabllltants7, or amendments thereto, or'under Public-LawNo: 346, 78th Congress fi,I, Bill7 or amendments thereto,
or under any other-Federal legislationthat may be in force at the time of registration in the college concerned of such ex-service Omanor woman- As to all ex-servicemen 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 contractswith the Unlted States Government, or any of its agencies, to furnish .instructlonto 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 'theinstitution 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 followingprovision:

I9 :

. ,> provided that the nonresident registration fee may within the discretion of said governing'boardbe 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 specificallyconcerns veterans entitled to "GoI."Bill lP.L, 346) educational benefits, and.the manifest purpose of that lawwas 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. ,IVof H. B. 426, supra) that provision prohibiting the inclusion of semesterhours of veterans whose education is paid for by the Government,had in mind only the educationalbenefits afforde~di veterans under Public Law 346 or some other law'provldingfor similar tuitionpayments by the Government. Tuition payments under PublicLaw 346 are governed by the following provisions (see38 U.S,C.A. 1951 pocket part, p. 248, Veterans Regulations):

"The administrator shall pay to theedueational or straininginstitution , . ';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,,andmay pay for books, supplies, equipment,and other necessary expenseg,,e,xelusive of,,borird, lodging,other liv$ng expenses, and travel, a$s

are generalfy .requiredfor:the successfulpursuit 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 .theveteran elects Bo have such customary charges paid in excess :oPsuch limitation, inwhich event there shell be charged againsthis period of eligibility the proportion of an ordinary school yearwhich such excess bears to $500:

. _ .And ,providedfurther, 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 insufficientto 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 compensationas 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 shallbe made by
reason of any payments to such Institution from State or municipal or other non-FederalpublicHon..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 paymentswhich are made directly to the educational Institution, the Government also pays a subsistenceallowance 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 semesterhourscount thosg hours taken by studentswhose 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 intentwas not to provide for a $189 per capita State apportionment or appropriation to junior colleges for any full-time student equivalentwhose cost of Instruction
was being paid directly to the college by the United States Government. The Legislaturehad In mind, we think, that the junior collegewould receive tuitionbenefits on veteran students from the Government under Public Laws 346 recited In Article 26$+b-1, in such amounts as would make It unnecessary for the State to support junior collegeswith 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 equivalentsreceiving no tuition aid from the Government‘

However, with respect to veterans ellglble for Government educationalbenefits under the Teague Bill (PublicLaw 550, 82nd Congress, 2d Sess.;H. R. 7656, to be codified 38 U,S,C,A., note foll. chap. 12) approved ,July16, 1952,we find that Public Law 550 provides only for payments directly to the eligibleveteran and llmlts the amount of tuitionwhich the institutionmay charge to the established tuitionwhich the-institutionrequires similarly circumstancednonveterans to pay.

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

"(a) the Administrator shall pay 2 each eligible veteranwho Is Pursuing a program of education or training under thisHon. 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 eligibleveteranwho is pursuing a program of education or training in an educational institutionand 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-timebasis,.such allowance shall be COW puted at the rate of $110 per month, if the veteranhas no dependent, or at the rate of $135 per month, if he has one dependent, or at the rate of $160 per month,ifhe has more than,one d&pehdent;,

...lr ,:
Section 234 provides as follows:

"The Administratormay, if he finds

public educational institutionwhich'hoes not have establisheddharges for tuition and feeswhich It requires nonveteran Pesidents to pay, such institutionmay charge and receive from each eligibleveteranwho is a resident an amount equal to the estimated .costof teachingpersonnel and .auppliea for instructionattributableto such veteran, but in no event to exceed the rate of $10 per 'monthfor a full-time course.'I
Tuitions payableby nonveteran residents enrolled in Texas public institutions of collegiaterank for fall and spring semester are fixed by statute, likewise the minimum-maximumrates 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 tuitionwhich may be charged nonresidentnonveteran students,. within,

&loh oollege boards may establlsh,a fixed rate yearly, are 'also .preacribedby law. Pars. 2 and 4, Sec. 1, Art. 2654~. .'Therefore, the tuition of nonveteran students,resident and nonresident,are "establishedoharges" (established by statutewith respect to residents, or established within limits fixed in the statutewith 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 benefitsunder Public Law 550.(TeagueBill) 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 collegesrealize a state appropriationon each formula-determinednonveteran student,resident or nonresident, In the amount of $189. May the provisions In that appropriationbill be construed to deprive such colmlegesof that $189 state aid .onveteran 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 appropriationbill herelnbefore discussed? We think not.

The clear purpose of the appropriationmade'in the junior collegebill was to grant state aid of $189
or to the extent made avallabe, on each formula-determined studentwhose tuition chargesmuet be llmlted to those fixed In or eetabliehed~underprovisions 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,maybe apportionedand paid to the junior colleges enumerated therein on eemesterhours being taken during the 1952-1953 school year by veteran students receiving educationalbeneflte 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 connectionwith your second question, it has been pointed out that Article 2654~ governs in,the matter of tuition that may be chargedveteran applicants, resident and nonresident,who 'areeliglble for education benefits under the Teague Bill, Public Law 550, supra. We find no provision in Article 2654~ or ,otherState 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 servicepersonnel stationed In Texas come within the benefits of subsec,tion(6) ,ofSection 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 collegiaterank.

SUMMARY

Funds appropriatedby 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 schoolyear by veterans receiving ~. educationalbenefits provided In Public Law 550, 82nd Congress, 2nd Session.

A nonresident studentwho is a Korean veteran and receiving paymentfor tuition and subsistenceunder Pi L. 550, 82nd'Congress, 2nd,Session,will pay the nonresident tuition established for nonresidentnonveteran students,.under the provisions of Article 2654c, V.C.S., if he elects to attend a~Texas Statesupported institution of collegiaterank, unless the veteran Is the child of armed service personnel:ab%%ed in Texas and thereby homeswithin 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,
PRICEDANIEL Attorney General

Assistant