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 1971the Texas Legislature adopted a program oftuition equalization grants designed toaid needy students in approved private Texas colleges and universities in meeting their financial affairs. (Acts 1971. 62nd Leg., ch. 828, p. 2529).

In 1973 theprogram 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, aperson must: (1)be a Texas resident as defined by the coordinating board and meet, at aminimum, the resident requirements defined by law for Texas resident tuitionsinfully statesupported institutions ofhigher education: ” (2)be enrolled as full-time student inan approved college or university; (3)be required topay more tuition than is’required at public college or university:

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(4) establish financial need in accordance with procedures and regulations ofthe coordinating board; (5)not bea recipient ofany form ofathletic scholarship; and (6)have complied with other requirements adopted by the coordinating board under this subchapter. The 1971Act called for implementation of theAct gradually, starting with freshmen thatyear. The 1973 Act incorporated the same provisions as Sec. 61.228’of the Code::

Sec. 61.228. Implementation of Grant Program This subchapter applies tofreshmen (first year) students beginning at the fall se,mester of 1971; to freshmen and sophomores in 1972; tofreshmen, sophomores, andjuniors in 1973; and toall 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 ofthe 1971and 1973 acts shed no light. We are relegated tothe 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. Itmeans “The whole number, quantity or amount. ” Webster’s New International Dictionary, 2d Ed. Itmeans, in 1974 and thereafter, all the students in being who meet the eligibility requirements of Sec. 61.225.City ofAlamo Heights v. Gerety, 264 S.W. 2d 778 (Tex. Civ. APP. sSanAntonio, 1954, nowrit his&) After 1973, Section 61.228 no longer imposes any limitation based on the students! class.

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For us tohold that in 1974 and thereafter the tuition equalization grant program didnot apply tograduate students and students in professional schools would require that we read into the law something which is not there andhas 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

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