Dr. J. W. Edgar

Commissioner of Texas Education Austin, Texas

Dear Dr. Edgar: Education Agency Opinion No. ww-521
Re: Whether the phrase "Junior Colleges located immediately adjacen~tto state boundary lines," as used IanSubsection (e) &s eetion 3.of Article

, k12ownas t.heCcllege Tuition Law, applies to cert,ainJunior College Districts, the boundaries of which do not adjoin the State boundary line.
Your request for an opinion recites that Article 2654~ of Vernon's Civil Statutes prescribes the .tuiticnrates to be charged at the several institutions of hig:herlearning supported in whole or in part by public funds appropriated from the State Treasury. Subsection (e) (3) of Section 1 of this Article, however, provides in part:

(1

. . . 'and provided fdrther, that t;he provisions of this paragraph relating to non-resident student registration fees shall not apply to junior colleges located immeiiat.e- -~_- I__,- ly adjacent to State boundary lines, which in- _-. ..-._. ------.--- stitutions shall collect Xrom each non-resident student who registers for twelve (12) or more semester or term hours of work an amount equ-f~valent to the amount charged studen~tsfrcm Texas by similar schools in the State of which the said non-resident student shall be a resldent." (Emphasis ours.)
In view of the foregoing, you ask whether a junior college, the boundary line of which does not adjoin the State boundary line, but which is located in whole or part In a countv Wr.ichdoes so ad.loin~, would be consldered a jun5.orcoilege located "immedi~ateiyadjacent to S-Lateboundary lines," within the meani.ngofi;he above quoted statutory ,provj~sio!-;.Dr. J, W. Edgar, page 2 WJ-521)

As was pointed out in the case of Lone v, London g2Lancashire Indemnity Co. of America, C,C,A. Ohio, 119 F.2d 8. the phrase nimmediatelyadjacent" is synonymouswith the phr&,e "i&mediatelyadjoining" and excludes-the-existenceof any intervening space. Ry the use of the adverb %nmediately" in conjunctionwith theword "adjacent"we believe that the Legislature intended that there should bedirect contact between the boundary line of the Junior CollegeDistrict and the State boundary line. Steel Products Corp.v0 Zbvtoniewski 70 N,W,2d 671, 270 Wis. 245; Parsonsv. Town of Wethersfieid, 60 A.2d 771, 135 Corm, 24 4 A.L.R.2d 330; Pickensv. Waryland C ualtv CQ 2 N.W !?d593. It would not suffice for Juniora~olleneDiitrict co be located in a the ries of which were contiguous to the State co'untythe ~boundaboundary line. Thisview is consistentwith the administrativeconstructionwhich has been given this section ofArticle 2654~ since its enactmentby Acts, 50th Legislature,Regular Session, 1947, Chapter 218, page 391.

You are accordingly advised that it is our opinion that a Junior College is not immediatelyadjacent to the State boundary line unless the boundary line of the Junior College District adjoins ormakes direct contactwith the Stateboundary line.

A Junior College is not immediatelyadjacent to the State boundary linewithin themeaning of Subsection (e) (3) of Section 1 ofArticle 2654~ unless the boundary line of the Junior College District adjoins ormakes direct contactwith ths State boundary line. Yours very truly, WILL WILSON Attorney General of Texas

Leonard Passmore Assistant LP:mfh:wbDr. J. W. Edgar, page 3 (WW-521)

APPROVED: OPINIONCOMMITTEE Geo. P. Blackburn, Chairman Wm. R. Hemphill William E. Allen Thomas Burrus REKCEWEDFOR THEATTORREYGEHERAL BY: W. V. Geppcrt