THEATTORNEYGENERAI. 

OF TEXAS 

BVILL WILSON 

A-rroRNEY GENERAL January 3, 1961 

Honorable Charles L. Morris 

Executive Director 

Veterans Affairs Commission 

Austin, Texas 

Opinion No. WW-977 

Re: Whether the University 

of Houston Is legally required to grant to certain 

veterans the right of 

exemption from payment 

of tuition fees and 

charges in accordance with 

Article 2654b-1, Vernon's 

Dear Mr. Morris: Civil Statutes. 

We are In receipt of your letter In which you request 

an opinion of this office as to "whether the University of 

Houston is legally required to grant to certain veterans 

the right of exemption from payment of tuition fees and 

charges In accordance with Article 265&b-1 of Vernon's 

Annotated Civil Statutes (also known as the Hazelwood 

Act)." 

Article 2654b-1 reads in part as follows: 

"Section 1. The governing boards of the 

several Institutions of collegiate rank, supported in whole or In part by public funds appropriated 

from the State Treasury, are hereby authorized and 

directed to except and exempt all citizens of Texas, 

who have resided in Texas for a period of not less 

than twelve (12) months prior to the date of registration, and who served during the Spanish-American 

and/or during the World War as nurses or In the 

Armed Forces of the United States during the World 

War and who are honorably discharged therefrom, and 

who were bona fide legal residents of this State at 

the time of entering such service, from the payment 

of all dues, fees and charges whatsoever; . . ." 
Honorable Charles L. Morris, Page 2 (WW-qi"?') 

Article 2654b-1 is In Title 49 of Vernon's Annotated 

Civil Statutes entitled Education-Public. This title is 

divided into 22 Chapters and the Article In question Is In 

Chapter 9A entitled Tuition and Control of Funds of State 

Institutions. 

The first article In Chapter 9A is Article 2654a which 

reads in part as follows: 

"Section 1. No state educational lnstitution shall collect from the student thereof any tuition, fee or charge of any kind whatever except as permitted by law, and no student 

shall be refused admission to or discharged 

from any such institution for the non-payment of 

any tuition, fee or charge except as permitted 

by law. 

"Sec. 3. The words 'state educational 

Institutions' as used in this Act shall Include 

the following and any branch thereof: The 

University of Texas; the Agricultural and Mechanical College of Texas; Texas Western College; 

Tarleton State College; Arlington State College; 

Prairie View Agricultural and Mechanical College; 

Texas Technological College; Texas Southern 

University; Texas WomanB University; Texas 

College of Arts and Industries; Lamar State College of Technology; North Texas State College; 

Stephen F. Austin State College; Sul Ross State 

College; West Texas State College; East Texas 

State College; Sam Houston State Teachers College; 

Southwest Texas State College; Midwestern University; and any other state educational Institutions 

either heretofore provided for or hereafter to be 

provided for under the Laws of this state." 

Article 2654b was first enacted by the Forty-Third 

Legislature in House Bill No. 15 of the First Called 

Session. The Caption of this Act reads in part as follows: 

"An Act authorizing and directing the 

governing boards of the several State supported institutions of collegiate rank to except 

and exempt . . ." 
- . -, 

- Honorable Charles L. Morris, Page 3 (WW-977) 

Article 2654b was amended along with Article 2654a 

at page 99 of the Acts of 1959, Fifty-Sixth Legislature, 

Second Called Session. The Caption of this Act reads in 

part as follows: 

"An Act relating to tuition and fees 

at state-supported institutions of higher 

education . . ." 

It Is our opinion In reading Chapter 9A as a whole, 

along with the Captions to the various Acts included In 

this Chapter, that the schools intended to be governed 

are the state schools, supported by funds appropriated 

from the State Treasury and other public funds, which are 

defined In Articles 2654a and 2654c, Vernon's Annotated 

Civil Statutes. 

The University of Houston receives a junior college 

appropriation from the Legislature based upon the freshmen and sophomore students. This aid Is used by the 

University of Houston to apply on and thereby reduce the 

tuition charged for freshmen and sophomore students. This 

enables the University of Houston to reduce the tuition in 

their junior college division by approximately $150.00 per 

academic year. The state funds are therefore used for the 

benefit of individual students rather than the University 

as a whole. The University of Houston receives no other 

public funds, and to this extent is unique since the other 

institutions receiving state funds are fully supported by 

such funds and other public funds. 

In view of these facts and after studying Title 49 of 

Vernon's Civil Statutes, particularly Chapter $)A, it is our 

opinion that the Intent of the Hazelwood Act was to grant 

exemption of tuition to veterans attending state colleges 

and universities which are fully supported by State aid and 

other public funds. 

We therefore answer your question in the negative. 

SUMMARY 

The University of Houston is not 

legally required to exempt the 

payment of tuition fees by certain 
._ 

Honorable Charles L. Morris, Page 4 (WW-977) 

. 

veterans in accordance with Article 

265&b-1, Vernon's Civil Statutes. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

BY 

Robert A. Rowland 

Assistant 

RAR:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John L. E&es 

Linward Shivers 

B. H. Timmins, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore