Case Information

*1 R-744 Dr. Theophilus'S. Palnter, President

The University of Texas '

Austiy 21, Texas Opinion No. V-399

Re: Applicability of Artl- c3.e 2654b-1, exempting certain students who are veterans from pay- ment of school fees, to the payment of ac- tivity fee authorized by s. B. 228, 50th Leg., R. S., 1947.

Dear Sir: r \,

Your request for an' opinion reads, in part, as follows:

"Certain veterans who are exempt from the payment of those fees covered by Arti-

cle 2654b-1 as amended have ralsed the ques- tion as to whether they are exempt from the

payment of the student activity fee estab-

lished as ayrequired fee by the Board of Re- gents of ThkUnlversity of Texas pursuant to the provlslons of Senate Bill No. 228."

Supplemental facts verbally supplied by you are to the effect that there are approximately one hun- dred students presently registered In the University who, for one reason or another, are not eligible for educational benefits under the "G. I. Bill of Rights" (Public Law No. 16 78th Congress and Public Law No.

346, 78th Congressj, but are veterans within the mean- ing of the exemptlon contained in Article 2654b-1, V.C.S. It is expected that this number ~111 Increase during the next several years. Your inquiry relates to student veterans coming within this category.

Based,upon these facts, the questlon thus presented is whether veterans who are exempt from the payment of fees under Article 2654b-1, supra, and who,

Dr. Theo,nhilus S. Painter - Pe.gf? 2

for one reason or another, are not eligible for educa- tional benefits under the “G. I. Bill of Rights,” are exempt from the pajrment of the student “activity fee” provided For in Senate Bill 228, Acts of the 50th Leg- islature, Regu1a.r +ssi.on, 1947, Chapter 66, p, 96. In answering this, question,, it is necessary

to review the legislative history of the several dif - ferent statutes involved,

The 40th Legislature ct its Regular Session In“1927 enacted whet is now Article 2654n,, V.C.S. This Article provides, in part, as Tallows :

“Sec. 1. No Ste.te educations1 instltu- tion shall collect from the student thereof any tuition, fee or charge of any kind’vhat- ever except as permitted by this Act, end no student shell be refused admission to or dls- cha.rged from any such institution for the non-pament of any tuition, fee or charge ex- cept as permitted in, thi$ Act.

"SBC * 2. Any such educational institu-’ tion may collect from each student a matric- ulation fee of not to exceed thirty’($30) dollars for any term of nine months, and lab- oratory ch:!rges to cover actual laboratory mn teri.:,‘?s ;:nd 3u.n:)l ies used by such stud.ent not tt) cxceod. j.n any event four (:j4cCO) dol- lars fnr e.ny one year from o,ny one student in Any one lobOrAtory course. O . 1 “Sec. 3 a ’ The words ‘State oduca tional Fnstituti.ons’ as used. in this Pet nhell in- clude the following and my branch thereof: The University of Texas; , + .

“Set c 4, Nothing in this Act shall pre- vent the collection of fees or chrrges volun- terily ?ri.tl by the students to cover the ex- pense of student activi~ties ; provided, how- ever, that the same shall never be made com- pulsory or required by the educationel insti- tution ns a conditi.on precedent to a student entering or continuing at ssi.d institu- tion.

DP, Theophilue S, PaIntap - Page 3.

-1m 1933 ths 43~d Uglalatu~e at its Ffmt -1m 1933 ths 43~d Uglalatu~e at its Ffmt Call&l Session emoted wPx&% am now th% ffr3t two Sec- Call&l Session emoted wPx&% am now th% ffr3t two Sec- tions of Aptfole 2654b-1, v.C,S, It Is the~efn pro- tions of Aptfole 2654b-1, v.C,S, It Is the~efn pro- vided, In pvart, as follovvs vided, In pvart, as follovvs .., ..,

Yl%C* 1, Tim gavemfmg boards of the sev%Pal fnstftutloa3 of &oll.%giat% P&w&,

suppoPt%d en whole 01" in p.wt by publiC

fund3 app~op~feptad from the Stat% TF%a3wy', am hs~eby authcr~zad amd directad to 'ex-

&apt anal exempt al.1 ~~tfeens of T%xa3, vho

*have resfded in ?exere fop a paHod of not

less than twelve (12) mom%hs PPLfOP to $tl% da%% ofp ~*%g?.3trat~on;and ‘;sho ~nrvsd dwfng ,the Sp&nfnh-Am.srlcan and/or dwing the Wopld War as MWSSS OP fn the errqwd fames of th% 3tertes d~wfng C,hi3 World War; erna who mnftea ~2% honorably dfseh3z~gad thcwefrom, from

the pEqwSat of !sill dw3, fens and ChaPgee wb.%tsoev8P, fmelufi:i_t~g~Pacts for eo~~sspo~d- emee eouPses; prov~d@si, how~w-E+l~~ that the

foregofm ex%mptfora 3klal.l n.ot kz:a constzuod to apply to depos,its, auoh ~9 X1.blra~y, or laboratory deposits, vhieih may t% requf~od it2 ths natum of a sacur4ty for tk return of OP propor cap% of property loan& fop the U38 of st~udstats, tlOP to any Pees oP,chtwg%3 for ,l.odg9mg, bo&md OP clothfmg‘ D 0 *'ls

APt,,f@le 2ij54b-1 3i-,ood,a3 enaet,%d in 1933, un- tll Sectiou 3 w?s add.%d by the 46th LegfFulatw%, effec- tfve.May 15,'1943, Tkis latt%fu seet%oiz saa3 eE&cted to extend p~erious World W&w % %uftYoa a.nd f%e exemptions In stats colleges clrtxl amfvvar3ltli.ss to veteren3 or World War II* The seotion maas, ire pa&., as follows:

"See. 3. All of" th% etbowes and for@-

goimg pPoviaiotls) eotlaft~ons arace batmfft3

h%r%inahov% in thP3 Ar-Ciala pravi.ded fol?

in sectrom 1 and In Se~tlorl 2 3hnll apply and BCCPU8 to the b2nofit cf ull niwses,

memb%re of the Woman's A3'mg &~LX.lfa:Fy. C!oPpS, Flom%n's Auxflicwg Volu.nt%%r Emerganay Serv- ic%, snd. all membess of th% Uuited Stsat‘es armed ~;OPDO~, regMPdl%43 of WhetlET lxm%s%~~S of.the Unftxd St&e3 Army or of t&e IIrif,t%id States lkvy OF 0~3 Dnfted State3 Coast Gwrd, who t15ve, OP me now 88rvfmg, o.?? who may aft- ep the passage 0r this Act, serve FQ the *4 . Dr. Theophilus S. P&iUt8P - Page

armed forces of the Unlted States of America during the present World War Number II . . .' : :; ?L ,i The 49th Leglsl&ture Regular SeBslon, 1945, ;~f:” added Section 4 to'Artlcl.8 2654b-1: It reads, in part, .,-‘~$i- i,,ij(’ ,; 83 follows:

“Sec. 4. The exemption from the payment Of due3, f%8s, and charges as provided here- L in&bove In Section 1 and Section 3 of thls

Art1018 shall not apply to or include honor- ably discharged members of such United States Armed Forces, or other persons hereinabove named, who are eligible for education or training benefits vrovided by the United States Government under Public Law No, 16, mth Congress, or amendments thereto, or under Public Law No. 346, 70th Congress, OP amendmenta thereto, or under any other Fed- eral legislation that m&y be in force at the time of registration In the college concerned of such %x-service man or woman. . . .'I (Pm- phssls ours)

The 50th Legislature, Pe ular Session, 1947, enacted Chapter 66 (Senate Bill 22 ti supra) amending Sect,ion 4 of Article 2654a, so as t; hereafter re&d and provide as follows:

“sec. 4. Each of the governing boards of the various Institutions of higher edu- cation named in Sectlon 3 of this Article is expressly authorized, whem deemed necessary by-said governing board, to require and col- lect a fee or charge from all students req- l.Sterlng In said institution to cover the costs of student services which the s&Id governing board deem necessary or helpful in csrrglng on the educational function3 of the Institutions, these services to include such serv%ces as textbook rentals, recreational activltles, health and hospital service, art- ists and lecture courses, debating and ora- torical actlvltles, student publications, snd other approved student activities; provided however, that no student Shall be required to pay for such services more than Fifteen ars per semester or entire sum- All fees and charges whleh hsve *5 Dr. Theophllus 9. Painter - Page $ ,’ v-,399

heretofore been collected, charged ore at-

tempted to be collected by the various ln- stltutlons of higher education for any of

the purposes named in this section under the heading of, student. serv,lces, regardless of the name’ by which such fee was designated, all oS.~whlch fees having. been charged, col- lected or attempted to be collected under

authority of Article 2654-a or 2654-c of the Revised Civil Statutes of Texas, are hereby in all respects validated, confirmed, ap-

L proved and authorized a8 though they had been

authorized., and oolleoted by specific order of the varloua governing boaPdar” (Erupila313 ours) Pursuant to the provlalona of Section 4, Ar- -

tlcle 2654a, V.C.S., as now amended, the Board of Re- genta of The University of Texas has exercised the dls- cretlon given It by the Act and established as a re-

uired fee an “actlvlty fee” in the 8nm of Fifteen $15 .oo) ~Dollars . This “activity See” became effec- tive a8 O’S the beglnnln of the first semester of the present, school year (19 T-1948). &

We know from a study of the records of the University that the agencies of the University deriv- ing financial support from the “activity See” are: (1) Athletrc Council; (2) Cultural Entertainment; (3) Cur- tain Club; (4) Wcmen’s i3Zee Club; (5) Men’s Glee Club; (6) Longhorn Band; (7) Oratorical Assoostion; (8) Co-Ed Handbook; (9) ~student Oowernmanti and (l.0) Texas Student Publications. &me of these; agencies receive any support from State appropriations provided by the Legislature to the University. (See appropriations for ,Educetlonal Institutions of Righer LeermIng, 50th Leg-

islature, R. S. ,1947, Chapter 339. ) Yet the money de- rived from the I’activity ftte” supports and provides facilities for the conduct of these enumerated extra- currioular activities OS social, recreati.onal, and ed- qcatlonal natures. There Is no longer any doubt that these activities come within the functions of a pres- ent d8y Univereity. Rainoy v. Malone, 141 9. W. (2d) 713 (Tex. Clv. App. 1940) 0 Certainly such activities aid in the development of what vas described In early debates and mesaaRes a8 a “unlversltv of the first class. ” See &neYdlct’s History OS The University of Texas pp. 23, 26 , 233, 238, 255. -P

Dr. Thsophllus 5. Painter - Page

It is a wellestablished rule of statutory eonstruotlon that the Intent of the Leglslature as expressed in statutoryenactments may be gathered from statutes relating to the same, subject ratter--statutes Id. par1 mater&. Thls rule is based on the presumption ,thet whenever the Legislature enacts a provision It has

lo mind the previous statutes relating to the same sub-

ect matter. 2,. Sutherland Statutory Construction 535, B 5201.

The above.rule is applicable tothe statutes under consideration because Artiole 26548, supra, deal- ing with the subject of tuition, fees, and char es In State educational institutions, and Article 265 b-l, & supra, dealing with the exemption of veterans from pay- ment of fees end charges in State educationaL $nstitu- tions, are in par1 mateHa.

In Section 1 of Article 26548, supra, “any tuition, fee or charge of any kind whatever’ Is prohib- ited except as speoiflcally permitted. ~Seotlon 2 of - this Article suthorize@ ,and. treats with matriculation and laboratory fees. Seotlon 3 names the State, schools included within the Act, and then Section 4, as It ex- isted prior to its amendment by the enactment of Senate Bill 228, expressly treats with a student “activity fee” by providing ‘not,hing ,in this Act ahall prevent the collection of ,fees or charges voluntarily paid by the students to cover the expense of student activi- ties.” It Is thus apparent that ,student activity fees, as provlsled for insection 4, were placed in a different classification and category from “tuition, fee or charge of any’ kind vhatsoevsr” and “matrfculation” and “gabore- tory” fees mentioned in Sections 1 and 2,

When the LegZsleture enaoted Seotion 1 of ii& title 2654b-1, aupra, a phrase similar to that found $n Article 2654a, supra, is used; and it is provided that the veteran shall be exempted from the payment of “all dues, fees and charges whatsoever.” Xnasmuch as the phrases “tuition, fee or oharge of any kind whatever” Snd “matriculation fee” as ,used Ln ArtFcle 2654a patent- ly do not include student “activity f%es,” the phrase “duea, fees, and charges whatsoever” aa used in Section 1 of Article 2654b-1 is not to be construed as lnoluding student “activity fees.” Purthormore, the student ac- tivity fee orQ$.nally provided for in Section 4 of Ar- ticle 26540, supra, was permissive, and it was not there- fore necessary to exempt a etudont from its payment.

: Dr. Theophllus 3. Painter - Page

Articles 2654a and 2654b-1 being In pri materla, it necessarily follows that the Legislature In exempting the veteran from the payment of all "dues, fees and charges what~soever" in Article 2654b-1 intended to ex- ent of those fees muired by the empt him from the pa terms of Article 265 a. f? 2 Sutherland Statutory Con- struction 530, supra.

The Legislature in amending Section 4 of Ar- tIcle 2654a, supra, so as to require a fee or charge from 811 students to cover the cost of student aotlvl- ties could have easily provided for an exemption from payment In favor of the class of veterans covered by this opinion If it had so Intended. Cf. Article 2589f, V.C.S. (Said Article, which was enacted In 1945, spe- cifically provides that any student exempt from the pay- ment of the tultlon fee shall be exempt from payment of the Texas Union fee therein provided for.) It did not see fit to do so.

Therefore, it la our opinion that veteran etu- dents who are exempt from the payment of fees by Article 2654b-1, Sections 1 and 3, V.C.S., are not exempt from the payment of the student activity fee provided for In Chapter 66, Acts of the 50th Legislature, Regular Sea- slon, 1947.

SUMMARY The exemption extended to veteran stu- dents by Artlole 2654b-1, Sections 1 and 3,

V.C.S., does not operate to exempt such vet- eran students from the payment of 8 student

activities fee required by State College

Boards under Senate Bill 228, Acts of 50th

Legislature, Regular Session, 1947, Chapter

, P., 96.

Yours very truly ATTORNEY GENERAL OF TEXAS '&<,

ATTORNEY GENERAL

By kf!~-=-~ ‘n7a;tAcuc-p Charles D. Mathews Assistant DJC:CDM:jt