September 14, 1973

The Honorable George McNiel State Auditor Opinion No. H-103 Sam Houston State Office Building Austin, Texas. 78711

Dear Mr. McNiel: Re: Rate of tuition tobe charged non-resident students under 55 54.051~(h)and 130.003 (b) (4) ofthe Texas Education Code You have asked us to resolve an apparent conflict between the provisions of $130.003(b)(4) and $54.051(h) ofthe Texas Education Code as they apply to the tuition to be charged bypublic junior co:lleges to students who are citizens ofacountry other than the United States of America. Section 54.05:1(h) is part of Chapter 54ofthe Code, generally providing for tuition and fees chargeable by institutions ofhigher education. Although, by definitions found in $61.003 of the Code, apublic junior college is an institution ofhigher education, 554.002 provides that Chapter 54 applies tojunior colleges “only to the extent provided bySection 130.003(b) ofthis Code,” Section 130.003(a) provides for the biennial appropriation ofState funds in an amount “sufficient to supplement local funds for the proper support, maintenance, operation, and improvement ofthose public junior colleges of Texas that meet the standards prescribed by this Chapter.
. . .‘I Subsection (b) ofthe section provides eligibility requirements for those funds
. It provides in part:

“(b) To be eligible for and to receive aproportionate share ofthe appropriation, apublic junior college must:

!I

. . . .

p. 470-

The Honorable George McNiel, page 2 (H-103)

“(4) Collect, from each full-time and parttime student enrolled, matriculation and other session fees in the amounts required and provided by law for other state-supported institutions of higher education, except that the amount charged non-residents need not be greater than the amount so required by law on January 1, 1971;. . . .‘I (emphasis added) The Texas Education Code purports to be acodification ofthe existing law without substantive changes. Section 2, Acts 1971, 62nd Leg., p. 3072, ch. 1024; $55, Acts 1971, 62nd Leg., p. 1449, ch. 405; and see Article 5429b-1, Vernon’s Texas Civil Statutes,authorizing the statutory revision program on a “topical or code basis” and providing: “In carrying out the revision program, the sense, meaning or effect ofany legislative act shall not be altered. ” Prior tothe adoption of the Education Code, the provisions of $130.003 (b)(4)were found in Article 2815j-2, V. T. C.S., which provided, in part:

“It shal,l be mandatory that each institution participating in the funds herein provided shall collect from each full-time student enrolled, matriculation and other session fees not less than the amounts provided for by law and by other State-supported institutions ofhigher learning for full-time students and shall collect proportionate amounts for students taking less than a full-time student load. ” (emphasis added) The snoutit oftuition provided for bylaw for students who are citizens ofany country other than the United States ofAmerica in other State-supported institutions ofhigher learning is $14.00 per semester credit hour but not less than a total of $200 [§54.051(h) Texas Education Code]. Aliens are not the students defined as “non-residents” for whom tuition is provided by 554.051(c) at $40 per semester credit hour by $54.051(j) which applies to non-resident students in apublic junior col.lege and calls for tuition as provided in subsection (b) of $130.003. Since you have not inquired about non-resident students we need not determine what the tuition should be.

p. 471The Honorable George McNiel, page 3(H-103)

Itis our opinion that there is no conflict between the sections 130.003(b) (4) and 54.051(h) and that, construing them together, public junior co:lleges are required to charge students who are citizens ofa country other than the United States tuition at a rate ofat least $14 per semester credit hour and not less than $200 total per semester. See Attorney General Opinion M-1024 (1971). Ofcourse, if any public junior college desires not to participate in the State funding, then 5130.003(b) (4) does not apply and there is no statutory maximum or minimum tuition which may be charged aliens. One exception must be noted to the foregoing and that has to do with an alien who is living in this country under avisa permitting permanent residence or who has filed with the proper federal immigration authorities adeclaration ofintention to become a citizen. Such a student, a “resident alien, ” who also resides in ajunior college district located immediately adjacent to the Texas boundary lines shall be charged resident tuition by thatjunior college district ($54.057, Texas Education Code). SUMMARY Except as to resident aliens defined by 554.057 ofthe Texas Education Code, junior college districts wishing to participate in State funding are required to charge students who are citizens ofany country other than the United States ofAmerica, a minimum of $14 per semester credit hour and atotal ofnot less than $200 per semester, They may charge more. Very truly yours,

JOHS L. HILL Attorney General ofTexas

p. 472The Honorable George McNiel, page 4(H:103)

APPROVED:

(ijifi$

DAVID M. KENDALL, Chair&an Opinion Committee

p. 473