Case Information
*1 EWEY GENERAL TEEE A OFTEXAS
AUSTXN. TEXAl3 78711 May 23, 1972
Mr. George W. McNeil Opinion No. M- 1129 State Auditor
Sam Houston Building Re: Application of Section 54.051(m), Austin, Texas 78711 Texas Education Code, to tuition
charges courses at public junior Dear Mr. McNeil: and related questions.
You have requested an opinion of this office regarding specific applications 54, Texas Education Code, to public colleges. You ask the following:
"1. Do the provisions of Subsection (m), Section 54.051 Code,
requiring twenty-five cents out of each hourly char e in Subsection (b) [resident students]~ ! 1.50 out of each hourly charge in Sub-
section (c) [non-resident students] this to be placed in a scholarship fund at
each apply to tuition charges
vocational-technical courses at Public Junior
Colleges?
"2. If the answer to question number 1 is in the affirmative, how is this to be ac- complished instances where the vocational- are not equated in terms of hours?
"3 . If the answer to question number 1 in the negative, may scholarships be paid this fund to students taking some or only vocational-technical courses?
"4. Do the scholarship fund provisions of Subsection (m), Section 54.051 the Texas Education Code requiring $1.50 out of each
hourly charge in Subsection (c) of this Section *2 apply at Public Junior Colleges in view of
exception found in Subsection (jj, Section
54.051 of the Texas Education Code?
“5 o If the answer to question number 4 is in the affi,rmative, does
fund provision also apply instances where
a Public Junior College has elected to charge
an amount of is not greater than
the amount so required by law on January 1,
1971, as is provided in Subsection (b)(4),
Section 130.003 Code?
“6 e If the answer to question number 4 may scholarships be paid in the negative, this scholarship fund to out-of-state students?
II 7. May scholarships be paid from this scholarship fund to students who are citizens
of any country other than the United States
America?”
We answer your first question in the affirmative. Texas Education Code, provides as Section 54.051(m), follows :
“(m) Twenty-five cents out, of eac,h hourly charge in Subsection (bj and $1.50 out ofeach
hourly charge in Subsection (cj of this Section sh,all be placed in a scholarship fund at each to be administered by that institu-
tion to award scholarships to needy Standard for determining need shall be formulated by each institution. No more than 10 percent
said funds may be allocated to out- of-st,ate students.” [Emphasis added.) 54.051(b) (cj , referred in the foregoing,
provides following:
“(b) resident except as otherwise hereinafter provided, is $4 per ho=, but total charge shall
be not less than $50 per semester.
. .
"(c) for non-resident ex- cept as otherwise hereinafter provided, is $40 per semester hour." (Emphasis added.) 54.051(b),(c), and (m), quoted above, is a
part 54, Texas Education Code. Chapter 54 (pertaining to tuition and fees and scholarship funds at institutions of higher education) provides, in Sec. 54.002:
"The provisions this chapter apply all institutions of higher education, except
that as to junior colleges this chapter applies only to the extent provided by Section 130.003(b) (New) (Emphasis added.) this Code."
We find Sec. 54.051(m) to apply to public junior colleges by v in Sec. 130.003(b), which provides, in irtue language part , as follows:
"Sec. 130.003.
"(a) . . .
"(b) To be eligible for and to receive a proportionate share of the [state] appro-
priation, a public junior college must:
II . collect, from each full-time and "(4) part-time student enrolled, matriculation and other session in the ameunts required and provided by law for other state-supported in- stitutions of higher education, except
the amount charged non-residents need not be
greater than the amount so required by law on January 1, 1971; and
"(5) grant when properly applied for, and tuition exemptions provided in this code; I, D . . " (Emphasis added.)
Thus we see funds are intended to be as well as for other institutions *4 Hon. George W. McNeil,
of higher education; but, the applicable provisions 54, implementing funding for such scholarships, Texas Education Code, refer to the transference of a portion tuition received on the basis of semester credit hours. the Code makes no distinction
For sc,holarship purposes, between received for academic courses (normally measured by semester credit hours) and tuition received for vocational- courses (sometimes measured by contact hours generated).
Therefore the pivotal question to answer in response your first inquiry is: “Did the Legislature intend to restrict funds at public by excluding that proportionate part received for courses that are offered in terms other than semester credit hours?”
Sec. 130.003 is explicit its requirements that a junior college must meet in order to qualify for State appropriations.
That section expressly states that a junior college must grant when properly applied for, the schola,rship and tuition exemptions Sec. 130.003(b) (5) supra. for in the Texas Education Code. The mere fact that funding in Chapter 54 for such scholarships is based upon amounts received as tuition hours in- sufficient argument not to give an effect to these Code provisions in such a manner as to reach the purposes and objects intended; namely, to help qualified needy students with their financial burden of obtaining an education.
It should be noted herein since September 1, 1969, vocational-technical have been funded the State’s General Revenue Fund plus certain Federal funds, all under administration the Texas Central Education Agency, with alloca- tions to the respective schools following a formula developed by the State Board for Vocational Education based on the cost of each program and the number of contact hours generated. Only institu- tions and programs approved by the State Board of Education or the Coordinating Board, Texas College and University System, are 31.40, Texas eligible the distribution of such funds. Education Code.
Texas laws pertaining to education were codified by the 61st Legislature into Code which became ef- fective September 1, 1969. Regarding construction of civil statutory enactments of Texas, Article 10, Vernon’s Civil Statutes, provides, in part, :
_ 5494- *5 page 5 "8. The rule of' common law that statutes in derogation thereof shall be strictly construed shall have no application to the Revised Statutes; but the said statutes shall constitute the law of this State respecting the subjects to which they relate; and the provisions thereof shall
be liberally construed with a view to effect
their objects and to promote justice." (Emphasis added.)
To strictly construe term "semester hour" fund purposes would cause an unjust and absurd result which would defeat to needy students in vocational- fields. Our courts will construe a statute to reach a just and reasonable result if at all possible. Cramer v. Sheppard, 140 Tex. 271, 167 S.W.2d.147 (reh.den. 1943); Rai$z;ad Commission
., 443 S.W.Zd 71 ( C' 196 Bank of Midlan~\:'%*S.W.~~ The Texas Code Construction Act, effective since September 1, 1967, was enacted to provide rules to aid in the construction codes enacted pursuant to the state's continuing statutory revision program and applies to all codes enacted by the 60th or a subsequent Legislature. The Texas Education Code is one of these Codes. The Code Construction Act provides in enacting a statute, it is presumed that a just and reasonable result intended. Art. In construing a statute, a court
5429b-2, Sec. 3.01(3), V.C.S. may consider among other matters the consequences of a particular construction. Art. 5429b-2, Sec. 3.03(S), V.C,S.
In view of these considerations, it is our opinion those portions 54 pertaining to tuition, fees and scholar- ships for other institutions of higher education also apply to public in accordance with the provisions of Sec. 130.003(b).
Your questions 2: 4, and 5, all pertaining to the applica- tion of a portion of certain to a scholarship fund, are answered collectively as follows:
In consonance with the result reached in answer to your that a portion collected first question, namely, should be set aside into a scholar- ship fund, it is noted that mathematically twenty-five cents *6 each hourly charge resident students (at $4 per semester credit hour) is equivalent to 1/16th of same; and, that the $1.50 for each hourly charge for non-resident students (at $40 per semester credit hour) is equivalent to 3/80ths of that charge. A fair and equitable result would be reached regardless of the tuition amounts received by an institution for a particular type of course or by what method measured the credit for a course if, tuition fees collected, 1116th of that portion received from resident students and 3/80ths of that portion received from non-resident were set aside into fund.
The same just and fair result would be reached by applying this method even in those instances where a junior college elected to charge only those tuition fees which were in effect on January 1, 1971, under the provisions of Sec. 130.003(b)(4) supra, by virtue Sec. 54.051(j) which provides:
“(j) for nonresident students registered in a public college is as in Subsection (b), Section 130.003, Code,”
Accordingly, you are advised the aforementioned scholarship fund provisions do apply to tuition collected courses, whether they are offered on a hour basis, and the funding of same from such collected to be accomplished by application of the fractional figures as aforesaid.
In answer to your third question, you are advised students taking some or only vocational-technical courses may be granted scholarships if they are otherwise qualified. The Code puts no limitation on funds to be payable only to students taking academic courses. The law being silent in this regard, it is presumed the Legislature did not intend to make the type or types being taken a criterion for eligibility to the scholarship fund referred to.
Your sixth inquiry asks whether may be paid to out-of-state students. Set e 54.051(m) (quoted supra) provides also that “No more than 10 percent of said scholarship funds may be allocated to out-of-stat,e students,” You are accordingly advised that by the plain language the statute up to 10 percent of such funds may be allocated to “out-of-state”
Hon. George W. McNeil, page 7~
Your final question asks whether students who are citizens of any country other than the United States may be paid scholarships from the funds set aside under Sec. 54.051(m).
The pertinent language in the section provides the funds at each institution shall be administered by that in- stitution to award scholarships to needy students, the standard for determining need to be formulated by each institution. Other than the "need" referred to, no other restriction is placed upon the except that no more than 10 percent of said scholar- ship funds may be allocated to "out-of-state" students. However, since the Legislature has specifically for special funds to be appropriated by the Legislature in the biennial appropriations act tuition to needy resident and alien students elsewhere in the Code (Sec. 54.101) and, since Sec. 54.051(m) makes no provision for any part of tuition fees received by aliens to be set aside into the scholarship fund created by operation of said subsection, it would be unreasonable to assume the Legislature intended such funds would be available for distribution to alien students.
In other words, the tuition scholarship fund provided by Sec. 54.051(m) comes tuition received from resident non-resident not alien rates for aliens is determined by Sec. 54.051(h) at the rate of $14 per semester hour, but subsection (m) requires none of this amount to be Therefore, placed in a scholarship fund. no part of the scholarship fund created by Sec. 54.051(m) may be paid to students who are citizens of any country other than the United States of America. This is not to be confused with other funds made availab le to needy alien students under the provisions of Sec. 54.101.
SUMMARY
1. Sec. 54.051(m) of Code, requiring certain amounts of tuition to be placed in a scholarship fund, applies tuition charges
at public colleges.
2. An amount equal to 1/16th received from resident students and 3/80ths received from non-resident students to be placed into fund pro- vided for by Sec. 54.051(m) the Texas Educa- tion Code.
Hon. George W. McNeil, Scholarships may be paid fund
3.
to students taking some or only vocational- at public colleges.
4. An amount up to 10 percent of the fund may be paid to out-of-state students; but, no
part fund may be paid to alien
ney General of Texas Prepared by Bill Campbell
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Kenneth Nordquist
Jim Swearingen
Herschel Moore
David Longoria
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant