The Honorable Bevington Reed 

Commissioner 

Coordinating Board 

Texas College and University System 

P. 0. Box 12788, Capitol Station 

Austin, Texas 78711 

Opinion No. H-746 

Re: Obligation of junior colleges 

to set aside a portion of tuition 

charges as Texas Public Educational 

Grants. 

Dear Dr. Reed: 

You have requested our opinion regarding the obligation of junior 

colleges to set aside a portion of tuition charges as Texas Public Educational 

Grants. Section 56.033 of the Texas Education Code provides as follows: 

The governing boards of institutions of 

higher education shall cause to be set 

aside for use as Texas Public Educational Grants twenty-five cents out of 

each hourly charge in Subsection (,bl 

$1, 50 out of each hourly charge in Subsection (c) of Section 54.051 of this code, 

as amended, and six percent of hourly 

tuition charges for vocational-technical 

courses at public community and junior 

colleges. 

You ask: 1) whether public community and junior colleges are required to set 

aside from tuition charges for vocational-technical courses both the designated 

six percent and also the specified fixed amount; and 2) whether funds must be 

set aside regardless of whether there is state funding for the course. 

Section 54. 051(m) of the Education Code contains a similar provision to 

that of section 56. 033, except that it makes no specific reference to vocationaltechnical courses at public community and junior colleges. In Attorney General 

Opinion M-l 129 (1972). this Office held that section 54.051(m) was applicable 

to vocational-technical courses at public junior colleges, even though such 

courses are not generally equated in terms of semester credit hours. The Opinion 

devised a mathematical formula for computation of the amount to be withheld for 

vocational-technical courses. 

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The Honorable Bevington Reed - page two (H-746) 

We believe that the Legislature, by its particular reference to 

vocational-technical courses in section 56. 033, intended to supply that mathematical formula and avoid the imprecision of section 54. 051(m), by making 

specific its intention to include these courses within the ambit of those from 

whose tuition charges certain amounts are to be set aside. There is no basis 

for concluding that the Legislature intended to authorize a greater deduction 

for vocational-technical courses by requiring the withholding of both the 

designated six percent and also the specified fixed amount. 

As to your second question, it is our opinion that the presence or 

absence of state funding for the particular vocational-technical course is immaterial to the question of whether “six percent of hourly tuition charges” 

must be set aside. The statute draws’no distinction in this regard, and it 

appears to be mandatory. 

SUMMARY 

Public community and junior colleges are required to set aside from tuition charges for 

vocational-technical courses only the six percent 

designated in section 56.033 of the Texas Education 

Code. Such funds must be set aside regardless of 

wh~ether there is state funding for the course. 

Very truly yours, 

Attorney General of Texas 

PROVED: 

Opinion Committee . 

jad: 

p. 3168