Untitled Texas Attorney General Opinion
GA-0969
| Tex. Att'y Gen. | Jul 2, 2012Background
- The Texas Higher Education Coordinating Board (the Board) is asked to adopt a rule about Hazlewood Act eligibility when federal benefits may not be stacked.
- Veterans may be eligible for two federal education benefit programs: Chapter 30 (Montgomery GI Bill) and Chapter 33 (Post-9/11 GI Bill).
- Federal law precludes receiving both Chapter 30 and Chapter 33 benefits concurrently; benefits may be chosen by the veteran.
- Board has authority under Education Code § 54.341(i) to promulgate rules for the efficient and uniform application of § 54.341.
- Hazlewood Act Exemption (§ 54.341) exempts tuition and related charges for eligible veterans, but § 54.341(e) limits the exemption when federal benefits are used for tuition and fees.
- Question presented: whether the Board may adopt a rule allowing a veteran applying for the Hazlewood Exemption who is otherwise entitled to Chapter 33 benefits to not exhaust Chapter 33 benefits first.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Board authority to adopt a rule on Hazlewood and Chapter 33 | Paredes contends Board may adopt rule to align with Hazlewood. | Abbott/GA-and-Board argue authority exists to regulate benefits interplay. | Yes; Board has authority to adopt such a rule. |
| Interpretation of § 54.341(e) and rule scope | Rule aligns with § 54.341(e) focusing on benefits to which entitled. | Rule respects the statutory language tying to benefits actually received. | Rule consistent with § 54.341(e) language and permitted. |
Key Cases Cited
- Tex. Nat. Res. Conservation Comm'n v. Lakeshore Util. Co., 164 S.W.3d 368 (Tex. 2005) (agency interpretation may be deferred if reasonable)
- Pruett v. Harris Cnty. Bail Bond Bd., 249 S.W.3d 447 (Tex. 2008) (agencies may only exercise powers authorized by statute)
- Tex. v. Citizens for a Saje Future & Clean Water, 336 S.W.3d 619 (Tex. 2011) (court defers to agency construction within statutory grant)
- First American Title Ins. Co. v. Combs, 258 S.W.3d 627 (Tex. 2008) (deference to reasonable agency interpretation of statute)