# THE ~SITORXEY GESERAL OF TEXAS Ausrrxx. TSEXA~ 78711

**May 9,**  **1973** The I$onorable Oscar Mausy Chairman, Education Committee Room G-21, State Capitol Austin, Texas 78711

Dear Senator Mauzy: Opinion No. H- 37 Rc: Whether there exista a conflict between Article 54.203 and 55.17, Texas Education Code, 

### aa **to feer**  **that MY**  **be** 

### charged veterans. As Chairman ofthe Senate Education Committee, you have cited to us Articles 54.203 and 55.17 of the Education Code, Vernon’s Texas Civil Statutes, asking us to advise whether there is 

### a conflict between the two and, if so, which ofthem in controlling. Section 54.203 is part of Chapter 54 entitled “Tuition and Fees”, and more specifically of sub-chapter D entitled “Exemptions from Tuition”
. It reads, inpart:

“(a) The governing board 

### ofeach institution of higher education shall exempt the following perrons from the payment of all duer, fees and charges, including fees for correspondence courses but excluding property deposit 

### fees, student service fees, and 

### any fees or charges for lodging, board, or clothing, provided the person seeking the exemptions were citizens of Texas at the time they entered the services indicated andhave resided in Texas for atleast the period of twelve months before the date of registration: [and there are then listed 

### several categories ofveterans]
. . . .‘I Other provisions of Chapter 54 ofthe Education Code provide for tuition andvarious fees. Section 54.203 is a codification ofArticle 2654b-1. Vernon’s Texas Civil Statutes, which originally was enacted in 1933 (Acts 1933, 43rd Leg., Ch. 6, p. 10) and remained substantially unchanged until codified in 1971 as part ofthe Education Code.
p. 149The Honorable Oscar **Mauzy,** 

### page 2 (H-37)

Section 55.17 

### of the Education Code, on the other hand, is in Chapter 55 entitled “Financing Permanent Improvements” and in sub-chapter B entitled “Revenue Bonds and Facilities”
. Itprovides, in applicable part:

”
. . . (c) Fees for the use by or availability to the students of all or any property, buildings, structures, activities, services, operations, or other facilities, may be pledged to thepayment of the bonds, and shall be fixed and collected from all or any designated part of the students enrolled inthe institution or institutions, or any branch or branches thereof, in the amounts and inthe manner as determined and provided by the board in the resolution authorizing the issuance of the bonds; and said fees may be collected in the full amounts required or permitted herein, without regard to actual use, avail? ability, or existence ofany facility, commencing at any time designated by the board. Said fees may be fixed and collected for the use 

### or availability ofthe institution or institutions, or any branch or branches thereof. Such specific and/or general fees may be fixed and collected, and pledged tothe payment of any issue or series ofbonds issued by the board, inthe full amounts required or permitted herein, in addition to, and regardless of the existence of, any other specific or general fees at the institution or institutions, or any branch or branches thereof; provided that each board may restrict its power to pledge such additional specific or general fees inany manner thatmaybe provided in any resolution authorizing the issuance ofbonds, and provided that no such additional specific fees shall be pledged ifprohibited by any resolution which authorized the issuance of any then outstanding bonds. ” Section 55.17 inturn is based largely on Article 2909C-3, Vernon’s Texas Civil Statutes, which was first enacted in 1969 (Acts 1969, 6lst Leg.. Ch. 763, p. 2264) and amended in 1971 (Acts 1971, 62nd Leg., Ch. 30, p. 54). The caption to the 1969 Act describes it as abill, generally, to authorize revenue bonds and fees to retire them. Neither the Act nor its caption mentions anything about exceptions from those liable for the fees. p. 150

### _^ ’

The Honorable Oscar Mausy, page 3 (H-37)

Attorney General Opinion M-306 (1968) construed an exemption from payment of student fees allowed by Article 2654b-1, V. T. C. S. , (now 

### 554.203) against ageneral enactment (Art. 2654a, now 054.503), and said:

“The fee exemption granted in Section 1of Article 2654B-1, quoted supra, is #toted inclear and unequivocal language, and has continued unchanged since the original enactment ofthe l tatute in 1933. Where the Legislature has expressed itself so clearly, and has carefully delineated those persons who are to qualify for the exemptions granted, it is artificial logic to conclude that the plain, unqualified words do not mean what they say . . . .I’ Inour opinion, the two sections do not conflict. Section 55.17 deals with bonds and their retirement with funds raised by fees. It does not specify, in any detail, those who will pay the fees. Section 54. 203 has nothing to dowith the use of fees. Itdeals specifically with the question of who will, or more precisely, will not, have topay those fees. The two are easily reconciled. Were there a conflict, itwould be our opinion that the exemptions created by $54.203 would prevail despite any contrary language in 555.17. Our conclusion is based upon the fact that S54.203 is directly ’ addressed to the question ofthose who will be exempted from the payment of student fees, whereas §55.17 is addressed to the financing of improvements and only incidentally, if at all, tothe question ofwho will pay fees; that $55.17 can be read as applying only to fees paid by non-exempt persons; that in the enactment of 555.17 and its predecessors, there was no indication of any intention to repeal or overrule $54.203 or to abolish exemptions which had existed under that statute; and that the Legislature, in adopting the Education Code, had before it for its consideration Attorney General Opinion M-306 (1968). Code Construction Act, Article 5429b-2, V. T. C. S. It is our conclusion, therefore, that the provisions of §55.17 of the Education Code authorizing the governing boards of institutions of higher education to set fees for the use of buildings and to pledge those fees to the payment of its bonds is subject to the provisions of

p. 151

### The Honorable Oscar Mausy, page 4 **(H-37)**



### $54.203 exempting certain classes ofperronr from thepayment ofall fees 

### andcharges. Youhavenotasked andWCdo**not** 

### answer questions concerning thevalidity ofexemptions where prior tothecreation ofthe exemption& fees had**Bern**pledged dirsecurity forthebonds. SUMMARY Those specified in554.203. Texas Education Code, as being exempt from thepayment offees and charges, 

### are exempt from thepayment offees and charges created pursuant to 555.17 havingtodo.with. * thepledging ofstudentfees tosecure thepayment ofimprovement bonds. Very trulyyours,

Attorney General ofTexas APPR V&D:

JIIksi&~~y

DAVID M. KENDALL, Chairman Opinion Committee .



### p. **152**