JIM MAlTOX Attorney General

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# The Attorney General of Texas
Cctober 25, 1985

HonorableWilhelminaDelco ahainnan Higher Education Cornittee TexasHouse of Representatives P. 0. Box 2910 Austin, Texas 7876'9 OpinionNo. 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 renumberedand amendedby Eouse Bill No. 1147 of the Sixty-ninthLegislature. Section 54.063waives 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 Codewaived 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 educationand the spouseand 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:hassistant position which relates to the assil;tant'sdegree program under rules and regulations established by the employer institution. The issue befsxceus is the meaning of "teaching assistants or research assistants" and whether those terms, as used by the legislature in sect.ion54.063, include only studentswhose jobs have

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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 employeeswho are entitled 1:othewaiver. The dominant considel:ationin construing a statute is the legislative intent. Where t:heintent is apparent from the words of the statute, it is not necessary to analyze the extrinsic evidence of legislative intent. See M~.ntonv. Frank, 545 S.W.2d 442, 445 (Tex. - -- 1976); Calvertv. 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 SchoolDistrict v. McAdams, 221 S.W.2d 546 (Tex. 1949). Statutes shozld be construed in light of the circumstances existingat the time of their enactment,the evil sought tobe 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 ConstructionAct, 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 circumstancesunder which the statutewas enacted, and legislativehistory.
House Bill No. 1147 II;a comprehensivebill relating to tuition and fees at institutions of higher education. It sets forth the state'spolicy on tuition and constitutes the firstmajor revision of tuition for students inmany years. The billwas amended on the house floor to limit severalwaivers of nonresident tuitionwhich had been granted topersonswho are ,notresidents 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:ca university should not exempt the person fromnonresident tuition; (2) that the amendment to Rouse Bill No. 1147 eliminated only "other employees," leaving a waiver for teaching assistants, research assistants,and their spousesand children;and (3) that "by keeping the academics," out-ofstate residentswho bring somethingof benefit and value to our institutionswould 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 joI1titles for the positions held by student

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employees. Normally, in d~rterminingthe character or nature of an entitv. a conrt is guided by substance and not by a name. See _-___, 1 - ----- - Widdletonv. 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 findno indicationthat the legislatureintended thewaiver 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 identifyingthe duties and responsibilitiesof the student jobs that entitle out-of-state fitudentsto register at Texas universities on the payment of resident I:uition.
It also is our opinion that the legislature'spurpose in granting such tuition incentives to nonresident students is the enhancement of the quality of the academicassistantswho perform important scholarly roles in the academic progr,amsof institutions of higher education. We conclude that the waiver of nonresident tuition in section 54.063 is intended to apply to stu(Lent assistantswith academicduties 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,ntendedto apply to student employeeswho assist in auxiliary enterprLsesor 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 awaiver under that section.

JIM MATTOX AttorneyGeneral of Texas TOM GREEN FirstAssistantAttorneyGeneral

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DAVID R. RICHARDS ExecutiveAssistantAttorney General
ROBERT GRAY SpecialAssistantAttorney General
RICX GILPIN Chairman,Opinion Committee Preparedby Nancy Sutton AssistantAttorney General
APPROVED: OPINION COMMITTEE Rick Gilpin, Chairman Colin Carl SusanGarrison Jirm Moellinger JenniferRiggs Nancy Sutton SarahWoelk Bruce Youngblood

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