## THEATTORNEYGENERAI. OF TEXAS

BVILL WILSON A-rroRNEY GENERAL January

## 3,1961

Honorable Charles L. Morris Executive Director Veterans Affairs Commission Austin, Texas OpinionNo. WW-977 Re: Whether theUniversity of Houston Is legallyrequired to grant to certain veterans the right of exemption frompayment of tuition fees and charges in accordancewith Article 2654b-1,Vernon's Dear Mr. Morris: Civil Statutes. We are In receipt of your letter Inwhich you request an opinion of this office as to "whetherthe Universityof Houston is legally required to grant to certainveterans the right of exemption from payment of tuition fees and charges In accordancewith Article 265&b-1 ofVernon's Annotated Civil Statutes (alsoknown as the Hazelwood Act)." Article 2654b-1 reads in part as follows:

"Section 1. The governingboards of the several Institutionsof collegiaterank, supported inwhole or In partby public funds appropriated from the State Treasury,are hereby authorizedand directed to except and exempt all citizensof Texas, who have resided in Texas for a period of not less than twelve (12)months prior to the date of registration, andwho servedduring the Spanish-American and/or during the World War as nurses or In the Armed Forces of the United States during theWorld War andwho are honorably discharged therefrom,and who were bona fide legal residents of this State at the time of entering such service, from thepayment of all dues, fees and chargeswhatsoever;

. . ."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 Chaptersand 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 permittedby law, and no student shallbe 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. Thewords 'stateeducational Institutions'as used in this Act shall Include the following and any branch thereof: The University of Texas; the Agriculturaland Mechanical College of Texas; TexasWestern College; Tarleton State College;Arlington State College; PrairieView Agriculturaland Mechanical College; Texas TechnologicalCollege; 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; MidwesternUniversity; and any other state educational Institutions eitherheretofore provided for orhereafter to be provided for under the Laws of this state." Article 2654bwas first enactedby the Forty-Third Legislature in House Bill No. 15 of the First Called Session. The Caption of this Act reads in part as follows:

"AnAct authorizingand directing the governingboards of the several State supported institutions of collegiaterank to except and exempt
. . ."- . -,

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

Article 2654bwas amended alongwith 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, supportedby funds appropriated from the State Treasury and otherpublic 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 Legislaturebased 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 thereforeused 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 supportedby 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 Actwas to grant exemption of tuition to veterans attending state colleges and universitieswhich are fully supportedby 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 CharlesL. Morris, Page 4 (WW-977) .

veterans in accordancewith Article 265&b-1,Vernon's Civil Statutes. Yours very truly, WILL WILSON AttorneyGeneral of Texas

BY Robert A. Rowland Assistant

RAR:mm APPROVED: OPINION COMMITTEE W. V. Geppert,Chairman John L. E&es LinwardShivers B. H. Timmins,Jr. REVIEWEDFOR THE ATTORNEY GENERAL BY: Leonard Passmore