THE AITCDRNEY GENERAL 

OF TEXAS 

August 22, 1968 

Honorable J. W. Edgar Opinion No. M-272 

Commissioner of Education 

Texas Education Agency Re: Whether the Rio Grande InAustin, Texas dependent Rehabilitation 

District has authority to 

waive all fees and tuition 

rates under the provisions 

of Article 2675k, Vernon's 

Civil Statutes, in order to 

be eligible for financial 

assistance under Public Law 

81-815, Title I, of Public 

Law 81-874, and also Title 

I of the Elementary and 

Dear Dr. Edgar: Secondary Education Act. 

In your request for an opinion you state the following: 

"The Rio Grande Independent Rehabilitation 

District (created and operating under Article 

2675k, V.C.S.) has made application to the U.S. 

Department of Health, Education, and Welfare 

(HEW) for federal funds under Title I, Elementary 

and Secondary Education Acts, 1965 and may obtain 

considerable financial assistance also under P.L. 

81-815, Title I of P.L. 81-874. Approval of the 

grants thereunder by H.E.W., however, is stymied 

and is being delayed by reason of the provision 

currently In Section 7(l)(2) of Article 2675k 

which specifically authorizes the rehabilitation 

school district to fix fees and tuition on parents 

of pupils residing In that district. 

"The recent special session of the Legislature in 1968 was confined to the matter for which 

it was called. Therefore, contemplated attempts 

then to have Section 7(i)(2) amended to cure the 

problem were thwarted. There being only one such 

district created under Article 2675k, it is anticipated that passage of such proposed amendment 

- 1315 - 
Hon. J. W. Edgar, page 2 (M-272) 

in the early part of the-regular session, January 

1969, will be secured unprotested. 

'On July 11, 1968 the Board of Trustees of 

the rehabilitation district ad0pted.a resolution, 

a copy of which we forward herewith, stating in 

effect that it never intended nor does It intend 

in the future to charge such tuition and that 

efforts in January will be exerted to have the 

law amended to cure the impediment involved, to 

satisfy the conditions set out by H.E.W. for 

making the district eligible for the desired 

federal assistance. With letter of transmittal 

dated July 13, the resolution was forwarded to 

H.E.W. We enclose also herewith the response 

received by the district on July 25, 1968 which 

Is self-explanatory. 

“The Board of Trustees of the Rio Grande 

Independent Rehabilitation District, through its 

counsel, has asked me to obtain an opinion from 

the Office of Attorney General on the following 

question: 

“‘Under the facts submitted, does the~re-~ 

habilitatlon school district (Rio Grande,I.R.D.) 

legally have authority to provide the assurance 

that such fees and tuition will 'not be charged 

during the useful life of any equipment or 

facilities or of the duration of any program 

which may be acquired or financed wf;th such 

funds from the federal government?' 

In the July 25, 1968 letter, H.E.W. requested that 

the Rehabilitation District obtain an opinion from the Attorney 

General's department on the above quoted question. 

Section 7(i)(2) of Article 2675k, Vernon's Civil 

Statutes, provides that the board of directors of a Rehabilitation 

District is empowered and required to "Fix such fees and tuition 

rates as are deemed necessary to supplement other sources of funds 

for maintaining and operating the District in carrying out its 

functions, with authority however, to reduce fees and tuition, or 

waive these altogether, in cases where the parents or guardians 

of trainees are able to pay a portion only or none of such tuition 

or fees, in the judgment of the Board of Dfrectors, or in the judgment of an agency created by ,the Board of Directors to determine 

such matters. . . .' 

-1316- 
Hon. J. W. Edgar, page 3 (M-272) 

Generally the powers of anadministrative agency are 

derived entirely from legfslative enactment. The agency has 

only such powers as are expressly conferred on it by statute 

altogether with those necessarily implied from powers and duties 

expressly given or Imposed. Although a statute conferring adminis; 

trative authority will generally be liberally construed, the agency 

must not go beyond the~clear intent of the Legislature. Stauffer. 

v. City of San Antonio, 344 S.W.2d 158 (Tex.Sup. 1961); 1 Tex.Jur. 

d b52, Administrative Law, etc., g 6. 

The waiver of tuition and fees by the Board of Directors 

of the School District would not bind the successor Board of 

Directors unless the statute authorfzes such waiver. We find nothing 

in the statute conferring such a power , which is discretionary by 

nature and must be exercised anew from year to year with changing 

conditions. It is generally held that a school board cannot bind 

the board or its members to take anv SDeCified action on ans auestion which may come before It in the future, Miller v. Alsbaugh, 

2 S.W.2d 208 (Mo.App. 1928); Murphy v. City of Cambridge, 342 Mass. 

339, 173 N.E.2d 616 (1961); Lath v. DeFigio, 19 Fay. L.J. 12, 9 

D&C2d 326. 

Furthermore, in enacting Section 7(i)(2) of Article 

2675k, it is clear that the Legislature did not intend for the 

Board of Directors of a Rehabilitation District to waive such 

tuition and fees from parents or relatives of trainees who are 

financially able to pay the same. Unless the statute authorizes 

the Board to waive those charges for tuition and fees, the Board 

is without power to waive them. We are, therefore, compelled to 

answer your question in the negative. 

SUMMARY 

Under the provisions of Sec. 7(i)(2) of Art. 

2675k, Vernon's Civil Statutes, the Board of 

Directors of the Rio Grande Independent Rehabilitation District is empowered and required to fix such 

fees and tuition rates as are necessary to supplement other sources of funds for maintaining and 

operating the District In carrying out its functions and said Board is not authorized to waive 

such fees and tuition from parents or relatives 

of trainees who are financially able to pay such 

tuition or fees or to waive such charges in the 

future so that such action would be binding on 

successor Boards of Directors. 

-1317- 
Hon. J. W. Edgar, page 4 (M-272) 

truly yours, 

dW& 

C. MARTIN 

ney General of Texas 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMMI!TTEE 

Hawthorne Phillips, Chairman 

Kerns' Taylor-Co-Chairman 

Richard Chot6 

Charles Rose 

Dyer Moore, Jr. 

Alan Minter 

A. J. CARUBBI, JR. 

Executive Assistant 

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