THEATTORNEY GENERAL OF TEXAS
HonorableE. N. Jones, President Texas Collegeof Arts and Industries Klngsvllle,Texas
Dear Sir: OpinionNo. O-7057 Re: Whether the charge of a special medical-hospitalieation fee to all studenstof the Texas College of Arts and Industrieswould be in conflictwith the State lav
We have your letter of September11, 1946,which reads, in substance, as follows:
- Subsequentto a recent ruling by the VeteransAdminis- trationthat a studentactivityfee cannotbe paid by the VeteransAdministrationto collegesfor war veteransenrolled,we asked the VeteransAdministration whether it vi11 approve the peymentof a specialmedical and hospitalfee. The VeteransAdministration replied: vermissible to includea medicalservicecharge of $3.00 per semester,$6.00 per term providedthere is no conflictof State law and it is the same charge that is made to non veteransand veteransalike.*
With.respectto the above stated matters,you have requestedthis Department for an opinionon the followingsubmittedquestion: Whether the charge of a specialmedical-hospitalization fee to all studentsof the Texas College of Arts and Industrieswould be in conflictwith the State laws appertaining thereto.
Acts 1933, 43rd Legislature,Reg. Sess. Ch. 196, P. 596, as amendedby the additionof Sec. &a, 46th Legislature,SenateBill 283, Para. 1 (Art. 2654C,V. A. C. S.) appliesto the severalState institutionsof collegiaterank in Texas. Rainey vs. Malone,Civ. App. 141s. W. (2) 713. This Depertmentin its OpinionNo. O-177 and No. O-2259,copies of which are attachedhereto,ruled that such institutions are not authorizedto requireany chargesfrom studentsother than those authorizedunder Article 2654c,as amended,and the laboratorychargesprovidedfor in Section2 of Acts of 1927, 40th Legislature,Ch. 237, p. 351 (Art. 2654c, V. A. C. S.). The pertinentprovisionsof said Act being quoted in full in the enclosedopinion,we think it unnecessaryto cop,-same herein. Hon. E. 1. Jones - Page # 2 O-7057
A re-examination of the statute enumeratedand of the State laws relative to the subjectof tuition,fees and chargeswhich State institutions may requireof etudentsrevealsno subsequentlegislationwhich would affect the chargespermittedto be made by the Texas College of Arts and Industries,Article258gc, Vernon'sAnnotatedCivil Statutes, authorizingthe collectionof a compulsorygroup hospitalization fee, is specificallylimitedto the Universityof Texas, as is also Article 258gd,Vernon'sAnnotatedCivil Statutes,specifically authorizingthe levy of a fixed studentsfee for the purposeof operating,maintainingand improvingthe Texas Union. We adhere to the conclusionsexpressedin our former opinionsNos. O-177 and O-2259. The Legislaturein the above enumeratedstatutehas prescribedthe chargeswhich said institutionsare permittedto requireof students registeringtherein;no additionalchargesmay be requiredby the said State collegesin the absence of an exceptionpermittedby legislative enactment..We find no such exceptionpermittingthe Texas College of Arts and Industriesto require the paymentby its studentsof a special medical-hospitalizationfee.
It is, therefore,our opinionthat the Texas College of Arts and Industriesla withoutauthorityto require the paymentof a medical- hospitalization fee by all its students,and that the levyingof such a charge upon its studentswould be in conflictwith the State laws concerningthe t&ion rates to be chargedby State Institutionsof collegiaterank.
Trusting the above satisfsctorily answersyour inquiry,we remain
Very truly yours
AlTORXEY GENERALOF TEXAS
s/ ChesterE. Ollison
BY ChesterE. Ollison Assistant
APPBOVEDSEP.17, 1948 APPROVEDOPINION s/ Carlos C. Ashley COMMITTEE FIRST ASSISTANT BY B. W. B. ATTORNEY QiNERhLOF TEXAS CHAIRMAN