e with Publio Law No.346 78th Congress. an opinion, the last d ii YOU ~0uid ua whether or not phe r F?tate-supported in- ng in Texas nag legally s Administration payments struotion 810. 6 and the roh 7, 1945, eduoation end training to veterans in accordance with Publio Law No.

Paragraph l-k (2) of the Veterans Administration Servloe Letter of Earoh 7, 1945, as quoted ln your letter, states:

"In the case of ?tate and municipal sohools, collages, or universities, and other approved institutions -<&:.ch have non-* -esitie;lt tuition fees, *2 Hon. Thaophilus ?, I-;ainter, page 2

tha ohargea far auah tuition, library, laboratory, lnflrmary and other aImIlar fees whloh were health, In erreot prior to June 22, 1944, aa may ea- tabliahed arter said date ii applloable to all olassea of studenta are determined as the ouatomary ohargea for all veteran traineea exoept that the oharge ior the tuition fee of a rull-time veteran trainee ahall bo not less than $15.00 per month ($45.00 per quarter or $60.00 par aameater), pro- vided that the ohargea are not In oonfliot with l xIstlng law8 or other legal requIremanta. Und*r thia provision a l ohool may not oharge to a real- dant veteran auoh part of a non-realdant tuition fae 88 ~111 rerult in a oharge In exoaae or $500. for an ordinary whaol year.* Paragraph S or Part VXII, Paterena Regulation Ro. l(a), aa amended by Pub110 Law 346, 78th Congreaa, protides a8 rollowe:

*The AdmInIatrator ahall pep to the rduoational or training InatItutlon, for eaoh paraon enrolled In time or part time oourae of education or train- full ing, the ouatomary ooat of tuition, ad suoh labora- tory, library, health, infirmary, and othar l ImIlar teea aa are ouatcaaarily oharged, and may pay ior booka, ru~pllas, equipment, and other neaeaury l xponaom, ex- olualre or board, lodglna, other living expenaee, and trawl, .a8 are generally required for the suooaaarul pureult and completion of the oamm by other studenta Prorided, That In no event ehall In tho Inatitutlon: auoh pamentr, with re8peot to any p8rson, exooed $500 ror an ordinary aohool year: Provided further, That no payments ahell be made to Inatltutlona, bual- naaa or other oatablIahmentr rurnishlng apprentice training on the jobr And provided rurther, That Ii any auah inatftution has no eefablIahed tuition fee, tee shall be round by or ii it8 established tuition to be Inadequate oompenaetion to the Administrator auah institution ror rurniahlng suoh education or training, he is authorized to provide for the payment, with respeot to any auoh peraon, of auoh fair and reasonable oampensation as will not exoeed $500 for an ordinary rohool year.” *3 ‘744

HO>?. Thsoc~hilus ". I'aintcr, page 3 Article 2654b-1 of Vernon*s Annotated Clril Ftatuter for the exemption of oertafn veterans from the payment L provides fees, and ohargea at State Institutiona of dues, of oolleglato renh supported In nQole or In part by pub110 funds appropriated Senate Bill No. 338, Aots of the 49th from the State %eaaury. Le~ialatu.re (19&5), amended this Artlole by adding a new aeotion, which read8 as ron0wat

*Sea. 4. The exemption from the peyment or dues, roes, and ohergea as provided hereinabove in Seotlon 1 and Seotlon 3 of this Article shall not apply to or include honorably dlaohargod members of auoh United States Armed Foroea, or other persona hereinabove nemed, who are eligible ror eduoatlon or training bano- rite provided by the Unitad States t?orernmnt under Pub110 Law No. 16, 78th Congress, or amm&entr thereto, or under Pub110 Law No. 346, 78th Congreaa, or amond- mnta thereto, under any other Fedora1 legislation that may be in foroa at the tfae oi registration In the oollegr oonoerned or auoh ex-aenloe man or woman. As to all ox-8erVloe men or wanen aa derinoa in this the gorrrning boards of oaoh of the several se&ion, lnatitutlona of oolleglate rank, aupportod In whole or in part by public fundr appropriated from the State are hereby authorized to enter Into oontraota Treasury, with the United Statoa Government, or any of Itm agan- to rurniah Instruotlon olea, to suoh ox-aonloe men and w-en at a tuition rate whloh oovera the estlmatod ooet of auoh lnatruotlon or, in the altematlr~, at a WItIon rate of One Hundred Dollars ($100.00) a semester, aa mar be determined the governing board of the Inatltutlon that lr auoh rates a8 ocmoernedl? provided, however, law for any herein sp6olfled are prohibited by Federal partioular olass of ex-aenloo man or women, then, and the ,tuIflon rata slxl.1 be suoh rate aa in thet event, may be agreed to by aald governing boarda, but in any event not leas than the eatabllshed ratea for olvillan atudenta; protided rurther that should the Federal 2.m~ provide as to any olaaa of veterans that such tuition payments are to be deduoted rrom any subsequent bene- fits whloh said veteran may be hereafter entitled to receive, the educational institution oonoerned la hereby suthorlaad and directed to rai’und to any veteran who la a resident of Texas within the meaning of this dot the amount by whioh any adjusted oaapenaatlon patient la hereafter actually reduoed on aooount of tuition payments made by the Federal government to euoh eduaetlonal lnatl- tution ror euoh rateran.W

Hon. Theophilua 3. Painter, page 4

It Is apparent from the above that the State Legla- latum waa cognlaant OS the prcvlalona OS Pub110 Law 346 at the time it eneotad the quoted amendment of artlsle Z6!54b-1 and that the leglalatlve intent was to exolude from the atat- tee exemption all peraona eligible for eduaatlon or utory training under Public Law 346. undar Fublio Law 346, tha

As to veterans eligible stats law apeolrioally authorlzea the governing boarda, of state fnatltutlona to enter into oontraeta with the United States Government, or any of its agenolea, to furnish lnatruation rate which oovera the eatlmated ooat of auoh (1) vat a tuition ln the l lternatlve, or, (8) Wat a tuition rate of lnatruotlonw, One IIundrsd Dollars ($100.00) a remeater”, a8 may be detenxlned by the governing board of the lnatitutlon oonoerned. However, if ruoh rates are npre- the stats law further p~rovldea tbet, hlblted by Federal law for any partloular 0188~ of ex-aenloe men or wome~,~ then, the tuition rate anal1 bo augh rate as may be agreed to by aald governing beards, but in any event not lean than the established Irtali for olvlllan students.

Although the governing board 1s olearly authorlaed to reoelve a hlnher rate than the ouatomary tuition fee, tha statute plaoea two limitations on the board’s authority: (1) the goverolng board oannot eooept leas than by lmpllcatlon, the *estimated costR of auoh lnatruction. or. in t~lternatlve. $100 a aemeater, as may be determined byVtheVgoverning board 1 oonoerned, unless auoh rates are *prohibited by Federal law olaaa or 8x-aervloe men or ~3men1;~ (8) Sy for sly parT%iEr express provision, the governing board oannot, in any event; aooept “less then the eatabllahed for olvilian atudenta.v rates

As to the rlrat 1lmitatLon stated above, the quea- tlon turns on the rneanlng of the phrase wprohlbit8d by Federal law .I Suoh rstca are not expreaely prohibited by Pub110 Law 346 beoauae it oontalna a provision that if the eatabllahed tul- tlon fee snail be found the Administrator to be l~nadequate to provld,e for payment of auoh oompenaatlon, he 1s autkorleed *ralr and reasonable oompenaation* as will. not exoeed $UOO for an ordinary a09001 year. Fowever, oonstrulng the state statute ae e whole, end considering the purposes aought to be acconpllahsd by the Lepjslature. it la our opinion that the intended that if, in the opinion of the Veterans Leglaiature AdmlnlstratOr, suoh ratea woul?! *prohibited by Federal

Hon. Theophllus S. Painter, page 8

law,” that is, if not aooeptable td the Veterans Administrator bsaeuae found by him to be in exoeaa of “fair and reasonable o:mpenaation* or prohlblted any other llmltation upon his authority, then the governin& board oonoerned would auth- orized to aooept any rate agree6 to by the governing board and the Veterans Administrator, but in any event not leas than the establlahed ratea ror olvlllan students.

As to the aeoond 1imLtatlon stated above, it olearly appears that the respective governing boards heve no authority to agree to a rate whloh 1s leas then the WeatabliaheU rates for olvlllan atudenta.R

Therefore, in our opinion, aubjaot to the limita- tlona stated above, the Unlveralty Of Texas and other State- supported lnatltutlona of higher learning in Texas may, in of the reapeotlve governing boards of aaah the dlaontlon lnatltutlons, legally reoelve from the Veterans Admlniatmtlon payments of rates apeolfled in aald Inatruotlon and Senloe Letter, for furnishing eduoatlon and %ralnlng to veterans of World Yiar IX ln aooordanoe wlth Pub110 Law Ro. 346 of the 78th Oongreaa.

Ioura very truly, ATTORlVET CENXRAL OF TEXAS .,.,