Case Information
*1 The Attorney General of Texas May 25 1982 MARK WHITE
Attorney General
Lauro Cavazos, Ph.D. Opinion No. MN-476 Supreme Court Building President P. 0. Box 12546 Texas Tech University Tuition Re: nursing Austin. TX. 76711. 2546 Health Sciences Center students Texas Tech 5121475.2501 P. 0. Box 4349 University Health Sciences
Telex 9101674.1367 Lubbock, Texas 79409 Center Telecopier 5121475.0266 Dear Dr. Cavazos: 1607 Main St., Suite 1400 Dallas, TX. 75201.4709 Your question concerns to he paid by nursing 2141742-6944 at Texas Tech University Health Sciences Center. The center was named the Texas Tech University Schooi of Medicine until 1979, see Acts 4624 Alberta Ave.. Suite 160 1979, Sixty-sixth Legislature chapter 319, at 724, and has beensince El Paso, TX. 79905-2793 its inception "not a department, school or branch of Texas Tech 9151533-3484 University," but a separate institution -- though under the direction,
management and control of the Texas Tech University Board of Regents. 1220 Dallas Ave.. Suite 202 Educ. Code P110.01; see Henry v. Texas Tech University, 466 F. Supp. Houston, TX. 77002-6966 141 (N.D. Tex. 1979);Attorney General Opinion M-1007 (1971). 7 131650-0666 110.06 of the Education Code states: The board may, when in the best interests 806 Broadway. Suite 312 L”bbmk. TX. 79401-347s medical education at the Health Sciences Center, 6061747-5238 execute and carry out affiliation or coordinating agreements with any other entity or institution in the Lubbock area, Amarillo area, El Paso area, and 4309 N. Tenth. Suite 6 the Odessa-Midland area to provide clinical, McAllen, TX. 76501-1665 postgraduate, including internship and residency,
or other levels of medical educational work the Health Sciences Center. Additionally, 200 Main Plaza. Suite 400 board may execute and carry out affiliation or San Antonio. TX. 76205.2797 coordinating agreements with any other entity or 5121225-4191 necessary to conduct and operate Health Sciences Center as a first-class An Equal Opportunityi institution. The board may utilize the facilities Affirmative Action Employer and staffs of other state biomedical units.
You have asked us about a proposed contract between the center and the regarding the general course work of professional nursing students.
Dr. bauro Csvazos - Page 2 W’-476)
The unique curriculum design for the School of Nursing at the center requires simultaneous course work at both the center and the You explain that students at the center must pursue both university. general and professional class work during each year of the four-year program rather than (as in a typical nursing program) complete two years of lower division general course work prior to beginning two However, the years of upper division work at a school of nursing. arrangement brings into play two provisions the Education Code specifying tuition charges. 54.051(k) the Education Code provides tuition
“for students registered in a school of nursing as a nursing student is $50 per semester....” But section thereof states that when a student registers at more than one public institution of higher education at the same time: The student shall pay the full tuition (1)
charge to the first institution at which he is registered; and in any event he shall pay an amount at least equal to the minimum tuition specified in this code. If the minimum tuition specified in this (2)
code the first institution at which the student is registered is equal to or greater than the minimum tuition specified in this code for the student is second institution at which the registered concurrently, the student shall not be required to pay the specified minimum tuition charge to the second institution in addition to charge paid to the first institution, but shall pay only the hourly rates, as provided in this code, to the second institution. If the minimum tuition specified in this
(3) code first institution at which the student is registered is less than the specified minimum tuition charge at the second institution (that is, if the second institution has a higher minimum tuition charge specified in this code), then student shall first register institution having lower minimum tuition and shall pay second institution only amount equal to the difference between his total tuition charge at the second institution and his total tuition charge at the first institution, but in no case shall the student pay to the second less than the hourly rates as provided in this code....
Dr. Lauro Cavaaos - Page 3 (MN-476)
Although $50 per semester is the maximum tuition for nursing students registered at the center, section 54.051(k) of the Education Code, $50 semester is the minimum tuition for such students per Assuming a normal course load of 15 university. Id. 554.051(b). the maximum tuition for a nursing student under joint hours, program would be $60 per semester, rather than $50. if section See Educ. Code 054.051(b) (tuition for resident students is applied.
is $4 per credithour).
In order to avoid that result, it has been suggested to the Texas Tech University Board of Regents that student nurses at the center be charged the $50 maximum tuition under section 54.051(k), and that the students not register at the university for their regular course work, but that the university contractually agree with the center to supply each of the center's students with instruction in the basic general courses needed to complete the student's degree plan. The center, under the proposed agreement, would keep all the tuition paid, but the would be entitled to use for all statistical purposes number of semester credit hours instruction it provided. This would supposedly enable the university to claim them in reporting to the Coordinating Board, Texas College and University System, for purposes of Legislative Appropriation Formula Generation. See Educ. Code 661.059; 19 T.A.C. 513.3 (1981).
You specifically ask:
(1) What statute controls rate to be charged a Texas Tech University Health Sciences Center School of Nursing student; and, (7-j May Texas Tech University receive credit hours formula generation purposes as consideration teaching services rendered under the proposed contract? 54.051(k) the Education Code, specifying the $50
meximum tuition for nursing students, was enacted in 1971. See Acts 1971, 62nd Leg., ch. 1024, at 3352. The provision dealing with concurrent enrollments, section 54.062, was added later, in 1977. See Acts 1977, 65th Leg., ch. 7, at 21. The legislature was presumaw aware at later date center and the university were statutorily designated as separate institutions of higher education.
In our opinion, there is no basis for supposing that section 54.062, which applies when "a student registers at more than one public of higher education at the same time," was not intended apply to nursing receiving instruction at both Texas Tech University Health Sciences Center and Texas Tech University. Cf. Educ. Code E54.505 (student service fees on concurrent enrollmen= Educ. Code 5103.01 (Midwestern State University joint program).
Dr. Lauro Cavaros - Page 4 (NW-476)
The power accorded the Texas Tech University Board of Regents on behalf of the center by section 110.06 of the Education Code “execute and carry out affiliation or coordinating agreements with any other entity or in the Lubbock area” does not include authority to override statutory law or frustrate the legislative will.
When the legislature acts with respect to a particular matter, a subordinate administrative agency may not so act with respect to the matter as to nullify the legislature’s action even though the matter be within the agency’s general regulatory field. State v. Jackson, 376 S.W.2d 341 (Tex. 1964); Martinez v. Texas Employment Commission, 570 S.W.2d 28 (Tex. Civ. App. - Corpus Christ1 1978, no writ). The Board of Regents of Texas Tech University is such a state agency. See - Lowe v. Texas Tech University. 540 S.W.2d 297 (Tex. 1976).
The purpose suggested contract between two institutions would be to circumvent the operation of section 54.062 of the Education Code, a course of action inconsistent with the authority and duty of the board of regents end the institutions for which it acts. In our oninion. such an agreement would be an ineffectual nullity. _ See State v..Ragland Clir&-Hospital, 159 S.W.2d 105 (Tex. 1942); Attorney General Opinion MW-38 (1979). Accordingly, we advise section 54.062 controls the maximum tuition rate to be charged of nursing simultaneously pursuing courses at both Texas Tech University Health Sciences Center and Texas Tech University. We are also of the opinion that no provision of the proposed agreement could entitle the university to credits formula generation purposes. Of course, fact that such a void contract purported to entitle thereto would not in itself prevent the university from earning such credits if it were otherwise eligible to claim them.
SUMMARY the Education Code governs the maximum tuition rate for students of nursing simultaneously pursuing courses of study at both Texas Tech University Health Sciences Center and Texas Tech University. A proposed agreement between two institutions circumventing statute would be a nullity.
*w
WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
. . ’ - Page 5 W-476) Dr. Lauro Cavazos
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood