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 to be 

charged non-resident 

students under 5 5 

54.051~(h)and 130.003 

(b) (4) of the Texas 

Education Code 

You have asked us to resolve an apparent conflict between the 

provisions of $130.003(b)(4) and $ 54.051(h) of the Texas Education Code 

as they apply to the tuition to be charged by public junior co:lleges to 

students who are citizens of a country other than the United States of 

America. 

Section 54.05:1(h) is part of Chapter 54 of the Code, generally 

providing for tuition and fees chargeable by institutions of higher education. 

Although, by definitions found in $61.003 of the Code, a public junior college 

is an institution of higher education, 5 54.002 provides that Chapter 54 

applies to junior colleges “only to the extent provided by Section 130.003(b) 

of this Code,” 

Section 130.003(a) provides for the biennial appropriation of State 

funds in an amount “sufficient to supplement local funds for the proper 

support, maintenance, operation, and improvement of those public junior 

colleges of Texas that meet the standards prescribed by this Chapter. . . .‘I 

Subsection (b) of the section provides eligibility requirements for those 

funds . It provides in part: 

“(b) To be eligible for and to receive a proportionate share of the appropriation, a public 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 a codification of the 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 of any legislative act 

shall not be altered. ” 

Prior to the 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 

of higher learning for full-time students and shall collect 

proportionate amounts for students taking less than a 

full-time student load. ” (emphasis added) 

The snoutit of tuition provided for by law for students who are citizens 

of any country other than the United States of America in other State-supported 

institutions of higher 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 5 54.051(c) 

at $40 per semester credit hour by $ 54.051(j) which applies to non-resident 

students in a public 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. 471 
The Honorable George McNiel, page 3 (H-103) 

It is 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 of a 

country other than the United States tuition at a rate of at least $14 

per semester credit hour and not less than $200 total per semester. 

See Attorney General Opinion M-1024 (1971). 

Of course, if any public junior college desires not to participate 

in the State funding, then 5 130.003(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 a visa permitting permanent residence or who has filed with the proper federal immigration 

authorities a declaration of intention to become a citizen. Such a student, 

a “resident alien, ” who also resides in a junior college district located 

immediately adjacent to the Texas boundary lines shall be charged resident tuition by that junior college district ($ 54.057, Texas Education 

Code). 

SUMMARY 

Except as to resident aliens defined by 5 54.057 

of the Texas Education Code, junior college districts 

wishing to participate in State funding are required to 

charge students who are citizens of any country other 

than the United States of America, a minimum of $14 

per semester credit hour and a total of not less than 

$200 per semester, They may charge more. 

Very truly yours, 

JOHS L. HILL 

Attorney General of Texas 

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

APPROVED: 

(ijifi$ 

DAVID M. KENDALL, Chair&an 

Opinion Committee 

p. 473