### ATTORNEY GENERAL

AUSTIS. TEXAS 78711
December 29, 1971

Honorable Bevington Reed Opinion NO. M-1024 Commissioner Coordinating Board Re: Tuition fees for students Texas College andUniversity whoare citizens of any System country other than the P. 0. Box 12788, Capitol Station United States. Austin, Texas 78711 Dear Dr. Reed:

Your request for anopinion asks the following question:

“The Coordinating Board requests your opinion as to whether astudent whois acitizen of any country other than the United States of America as identified in Item (7) of Section l.(a) is a
‘nonresident student’ for purposes of Item (1) of Section 1.(b) of Article 2654c.” Subdivision (1) of Subsection (b) of Section 1of Article 2654c, Vernon’s Civil Statutes, as amended byHouse Bill 43, Acts 62nd Legislature, R.S. 1971, Ch. 511, p. 1745, provides

“(b) Notwithstanding the provisions of subsection (a) of this section:

“(1) Anynonresident student whois enrolled for the spring semester of 1971 in an institution covered by subsection (a) of this section maycontinue to enroll at the same institution at the same tuition rate that was effective at the time of his original enrollment until one of the following conditions first occurs:
level”~~!eh ereceives the degree at the degree

the baccalaureate doctoral degree) toward which hemaster’s is work&irduring the spring semester of 1971; or

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“(ii) hevoluntarily withdraws from the institution or the institution involuntarily withdraws the student for disciplinary reasons or for failing to meet the academic standards of the institution; or of lg;‘5(iii) the termination of the spring semester

.)’ Subdivision (7) of Subsection (a) of Section 1of Article 2654~) Vernon’s Civil Statutes, as amended by Senate Bill 1036, Acts 62nd Legislature, R.S. 1971, Ch. 958, p. 2898, provides:

“(7) Tuition for students whoare citizens of any country other than the United States of America is Fourteen Dollars ($14) per semester credit hour, but the total of such charge shall be not less than TwoHundred Dollars ($200) per semester or twelve (12) week summersession, and not less than OneHundred Dollars ($100) per six (6) week summerterm.” Theprovisions of Senate Bill 1036 above quoted apply to the tuition fees payable by students whoare citizens of any country other than the United States for two reasons: (1) the provisions of Senate Bill 1036 are a later expression of the Le islature than the provisions of House Bill 43above quoted; and 7+-T-- ~’ t eprovisions of Senate Bill 1036 above quoted apply to a particular class of nonresident students, that is, those whodo not reside in the United States.

In Wright v. Broeter, 196 S.W.2d 82 (Tex.Sup. 1946), it is stated:

‘1.

. . In order to uphold both acts the first act maybe regarded as an exception to the second. Cain v. State, supra. Under the rule requiring that the two acts be construed together as one, we are not concerned with the question of whether or not anyprovisions in one maybe found to be repugnant to corresponding provisions in the other. Our concern in this case is limited to aconsideration of whether or not there is repugnancy between the particular provisions of the acts with reference to service of process. If it should be granted, as

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contended, that certain provisions of the second act are repugnant to corresponding provisions of the first, it would not follow that the whole of the first be stricken down, for the second act would repeal the first act only to the extent of the repugnancy. Anyprovisions in the first act not repugnant to provisions of the second act would remain as valid portions of the two acts considered as one. As stated in Garrison v. Richards, supra (107 S.W. 865): ‘Where two acts are passed at the same session of the Legislature they should be construed together as one act, and, if possible, so that both maystand. McGradyv. Terrell, 98Tex. 427, 84S.W. 641; Lewis' Suth. on Stat. Const., 4268. Butwhere the two are repugnant and irreconcilable, the one approved last repeals the other to the extent of the repugnancy.“’ See ,also Allied Finance v. Falkner, 397 S.W.2d 846 (Tex.Sup. 1966).

Therule applicable to the two acts in question is distinctly stated in 53Tex.Jur.2d 160, Statutes, Sec. 110, as f,ollows :~

“The enactment of ageneral law does not ordinarily operate as arepeal of aparticular or special law, by implication, though both relate to the same subject matter. Onthe contrary, both statutes are permitted to stand, andthe general law is applicable to all cases not embraced by the specific act. In other words, the particular act is construed as constituting an exception to the general law. This is asettled rule of construction, based on the presumption that aspecific statute evidences the intention of the legislature more clearly than ageneral one, and therefore should control .I’ In our opinion, the two acts being construed are not repugnant andmaybe harmonized? as above shown. Inview of the foregoing you are advised that in our opinion the provisions of Subdivision (1) of Subsection (b) of Section 1of Article 2654c, Vernon’s Civil Statutes, as amended byHouse Bill 43, supra, are not applicable to students whoare citizens of any country other than the United States for the reason that tuition of these

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particular students is governed by the provisions of Subdivision (7) of Subsection (a) of Section 1of Article 2654c, Vernon's Civil Statutes, as amended by Senate Bill 1036, supra. SUMMARY Thetuition applicable for students whoare citizens of any country other than the United States is governed by the provisions of Subdivision (7) of Subsection (a) of Section 1of Article 2654c, Vernon's Civil Statutes, as amended by Senate Bill 1036, Acts 62nd Legislature, R.S. 1971, Ch. 958, page 2898. n

Prepared by John Reeves Assistant Attorney General APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W.E. Allen, Co-Chairman W.0. Shultz Houghton Brownlee Jack Goodman V. F. Taylor SAMMCDANIEL Staff Legal Assistant ALFREDWALKER Executive Assistant NOLAWHITE First Assistant

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