JIM MAlTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12548 

Austl”, TX. 78711.2545 

5121475-2501 

Telex 910/874-1357 

Telecopier 51214750255 

714 Jackson, Suite 700 

Dallas, TX. 752024508 

21417428944 

4824 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

915/53534u 

/- 

,1 Texas. Suite 700 

Houston, TX. 77002-3111 

713/223-5888 

606 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

SW747-5238 

4309 N. Tenth, Suite B 

McAllen, TX. 78501-1885 

5121682.4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 782052797 

51212254191 

An Equal OpportunitYI 

Affirmative Action Employer 

The Attorney General of Texas 

Cctober 25, 1985 

Honorable Wilhelmina Delco 

ahainnan 

Higher Education Cornittee 

Texas House of Representatives 

P. 0. Box 2910 

Austin, Texas 7876'9 

Opinion No. JM-370 

ue: Interpretation of "teaching 

assistant" and "research assistant" 

in section 54.063 of the Education 

Code 

Dear Representative :Delco: 

You requested an interpretation of section 54.063 of the Texas 

Education Code as it was renumbered and amended by Eouse Bill No. 1147 

of the Sixty-ninth Legislature. Section 54.063 waives the payment of 

nonresident tuition for certain persons who are not residents of 

Texas. 

Prior to the Sixty-ninth Legislature, section 54.051(o) of the 

Texas Education Code waived nonresident tuition for a teaching assistant, research assl.stant, or other student employee of an institution 

of higher education, along with his spouse and children, if the 

student employee w,w employed at least one-half time in a position 

that related to his degree program. House Bill No. 1147 restricted 

that waiver to resl?arch assistants and teaching assistants, deleting 

from the waiver "'other student employees." Section 54.063 now 

provides that: 

A teaching assistant or research assistant of any 

institutio:n of higher education and the spouse and 

children of such a teaching assistant or research 

assistant are entitled to register in a state 

institution of higher education by paying the 

tuition fees and other fees or charges required 

for Texas residents under Section 54.051 of this 

code, without regard to the length of time the 

assistant has resided in Texas, if the assistant 

is employed at least one-half time in a teaching 

or researc:h assistant position which relates to 

the assil;tant's degree program under rules and 

regulations established by the employer 

institution. 

The issue befsxce us is the meaning of "teaching assistants or 

research assistants" and whether those terms, as used by the 

legislature in sect.ion 54.063, include only students whose jobs have 

p. 1696 
Eonorable Wilhelmina Delco -' Page 2 (JM-370) 

the specific title of "teaching assistant" or "research assistant." 

We conclude that those terms are not intended to indicate titles of 

positions but are descriptive of the functions of certain university 

employees who are entitled 1:o the waiver. 

The dominant considel:ation in construing a statute is the 

legislative intent. Where t:he intent is apparent from the words of 

the statute, it is not necessary to analyze the extrinsic evidence of 

legislative intent. See M~.nton v. Frank, 545 S.W.2d 442, 445 (Tex. - -- 

1976); Calvert v. British-A$rican Oil Producing Co., 397 S.W.2d 839, 

842 (Tex. 1965). Where the language of the statute is ambiguous. the 

legislative intent may be cle;certained by looking beyond the statute. 

See Huntsville Independent School District v. McAdams, 221 S.W.2d 546 

(Tex. 1949). Statutes shozld be construed in light of the circumstances existing at the time of their enactment, the evil sought to be 

corrected, and the purpose ::o be accomplished. See Texas k N.O.R. Co. 

v. Railroad Comrmission, 200 S.W.2d 626, 629 (Tz 1947); Wortham v. 

Walker, 128 S.W.2d 1138, ll!iO (Tex. 1939). The Code Construction Act, 

V.T.C.S. art. 5429b-2, 93.03, provides that, in construing a statute, 

a court may consider, among other matters, the object sought to be 

attained, the circumstances under which the statute was enacted, and 

legislative history. 

House Bill No. 1147 II; a comprehensive bill relating to tuition 

and fees at institutions of higher education. It sets forth the 

state's policy on tuition and constitutes the first major revision of 

tuition for students in many years. The bill was amended on the house 

floor to limit several waivers of nonresident tuition which had been 

granted to persons who are ,not residents of this state. Discussion on 

the floor amendment in quest:Lon indicates: 

(1) that the amendment dealt with three areas 

where waivers were being abused, one being that 

the mere fact that a person from out-of-state 

wants to work fo:c a university should not exempt 

the person from nonresident tuition; 

(2) that the amendment to Rouse Bill No. 1147 

eliminated only "other employees," leaving a 

waiver for teaching assistants, research 

assistants, and their spouses and children; and 

(3) that "by keeping the academics," out-ofstate residents who bring something of benefit and 

value to our institutions would be protected. 

See House Floor Debate, March 19, 1985, Second Reading of Rouse Bill 

No. 1147, 69th Legislature. 

The institutions of hL8her education in this state use numerous 

and different names as joI1 titles for the positions held by student 

p. 1697 
Honorable Wilhelmina Delco -' Page 3 (JM-370) 

employees. Normally, in d~rtermining the character or nature of an 

entitv. _-___, 1 - a conrt ----- - is guided by substance and not by a name. See 

Widdleton v. Texas ~nver ______ & - 1.1. .; ht, 185 S.W. 556, 

!hTex. Civ. App. - 

562 (Tex. 1916); Liz 

v. Emett, 526 S.W.2d 288, :!' Tyler 1975, no writ) 

We find no indication that the legislature intended the waiver of 

nonresident tuition to apply to a student assistant only if the title 

of the student's job is "teaching assistant" or "research assistant." 

It is our opinion that the legislature used the terms teaching 

assistant and research assistant in section 54.063 as descriptive 

terms identifying the duties and responsibilities of the student jobs 

that entitle out-of-state fitudents to register at Texas universities 

on the payment of resident I:uition. 

It also is our opinion that the legislature's purpose in granting 

such tuition incentives to nonresident students is the enhancement of 

the quality of the academic assistants who perform important scholarly 

roles in the academic progr,ams of institutions of higher education. 

We conclude that the waiver of nonresident tuition in section 54.063 

is intended to apply to stu(Lent assistants with academic duties in all 

academic programs of a unirersity. whether the programs are teaching 

or research, if the assistant is employed at least one-half time in a 

position that relates to the assistant's degree program under rules 

and regulations established, by the employer institution. The waiver 

in section 54.063 is not i,ntended to apply to student employees who 

assist in auxiliary enterprLses or are employed in nonacademic activities at a university. 

SUMMARP 

The terms "teaching assistant" and "research 

assistant," as used in section 54.063 of the Texas 

Education Code, are not intended as titles of 

positions that determine the entitlement of 

nonresident student employees to a waiver of 

nonresident tuition at institutions of higher 

education but are intended to describe the 

academic positions~ of the student employees who 

are entitled to such a waiver under that section. 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

p. 1698 
Honorable Wilhelmina Delco -' Page 4 (JM-370) 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

ROBERT GRAY 

Special Assistant Attorney General 

RICX GILPIN 

Chairman, Opinion Committee 

Prepared by Nancy Sutton 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Jirm Moellinger 

Jennifer Riggs 

Nancy Sutton 

Sarah Woelk 

Bruce Youngblood 

p. 1699