June 6, 1974 

The Honorable Bevington Reed 

Commissioner, Coordinating Board 

Texas College & University System 

P.O. Box 12788, Capitol Station 

Austin, Texas 78711 

Opinion No. H- 322 

Re: Whether tuition equalization 

grants (Sec. 61.228, Texas Education Code) may be extended to 

graduate students. 

Dear Dr. Reed: 

In 1971 the Texas Legislature adopted a program of tuition equalization 

grants designed to aid needy students in approved private Texas colleges and 

universities in meeting their financial affairs. (Acts 1971. 62nd Leg., 

ch. 828, p. 2529). 

In 1973 the program was re-enacted as subchapter F of Chapter 61 

of the Education Code (Acts 1973, 63rd Leg., ch. 51, ‘p. 78) and now appears 

as Sections 61.221 through 61.229 of the Education Code. 

Eligibility for the grants is set out in Sec. 61.225: 

To be eligible for a tuition equalization grant, a person must: 

(1) be a Texas resident as defined by the coordinating 

board and meet, at a minimum, the resident requirements 

defined by law for Texas resident tuitions in fully statesupported institutions of higher education: ” 

(2) be enrolled as full-time student in an approved 

college or university; 

(3) be required to pay more tuition than is’ required 

at public college or university: 

p. 1488 
The Honorable Bevington Reed page 2 (H-322) 

(4) establish financial need in accordance with procedures and regulations of the coordinating board; 

(5) not be a recipient of any form of athletic scholarship; and 

(6) have complied with other requirements adopted 

by the coordinating board under this subchapter. 

The 1971 Act called for implementation of the Act gradually, starting 

with freshmen that year. The 1973 Act incorporated the same provisions 

as Sec. 61.228’of the Code:: 

Sec. 61.228. Implementation of Grant Program 

This subchapter applies to freshmen (first year) 

students beginning at the fall se,mester of 1971; to 

freshmen and sophomores in 1972; to freshmen, 

sophomores, and juniors in 1973; and to all students 

attending approved private institutions in 1974 and thereafter. 

You have asked whether the statute extends eligibility in 1974-1975 to 

eligible students enrolled in graduate and professional schools. 

The captions of the 1971 and 1973 acts shed no light. We are relegated 

to the language of each statute, therefore, in determining coverage. 

Section 61. 228, supra, makes the program available to “all” eligible 

students in 1974 and thereafter.. “All” must be given its ordinary meaning. 

Article 10. V. T. C. S. It means “The whole number, quantity or amount. ” 

Webster’s New International Dictionary, 2d Ed. It means, in 1974 and thereafter, all the students in being who meet the eligibility requirements of 

Sec. 61.225.City of Alamo Heights v. Gerety, 264 S. W. 2d 778 (Tex. Civ. 

APP. s San Antonio, 1954, no writ his&) After 1973, Section 61.228 no longer 

imposes any limitation based on the students! class. 

p. 1489 
The Honorable Bevington Reed page 3 (H-322) 

For us to hold that in 1974 and thereafter the tuition equalization 

grant program did not apply to graduate students and students in professional 

schools would require that we read into the law something which is not there 

and has not been expressed by the Legislature. 

SUMMARY 

In 1974 and thereafter, the tuition equalization 

grant program (Sets 61.225, et seq. Education 

Code, V. T. C.S.) is available to graduate and 

professional students who meet the statutory 

requirements. 

Very truly yours, 

L. HILL 

orney General of Texas 

AP D: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1490