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OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

GERALD C. MANN

ATTORNEY GENERAL

Honorable T. M. Trimble

First Assistant State Superintendent of Public Instruction Austin, Texas

Dear Sir: opinion No: 0-3098 Re: Per capita apportionment for students in public junior college under S.B. 163, Acts 47 th Legislature.

We have received your letter of recent date, which to quote in part as follows: "I would appreciate your consideration and opinion on the following questions:

1. Under the provisions of S.B. No. 163, passed by the 47 th Legislature, in it legal to grant the University of Houston the same per capita apportionment for the students in its first two years as is granted the junior colleges named therein?
2. Under the provisions of S.B. No. 163, supra, is it legal to grant the Houston College for Negroes the same per capita apportionment for the students in its first two years as is granted for the junior colleges named therein?
3. Is it legal for the State Department of Education to certify to the proper authorities a bill for payment for junior college students for junior colleges which may yet be established but are not named in said S.B. No. 163?"

All three of your questions are answered by Section 3 of the Act. Section 3 sets out that $\$325,000.00$ , or so much thereof as may be necessary, is appropriated for each of the

*2 Hoorable T. M. Trimble, page 2 fiscal years of the bientum. Then the following provisiou appears: ". . . and provided further that this appropriation shall be apportioned among the following Junior Colleges: " " " "University of Houston, Houston, Texas, Jun10x College Division, Freshman and Sophomore students only." (Emphasis supplied)

Section 3 then provides: "Provided that each of the above Public Jun1or Colleges shall qualify within the require. ments of this Act; and provided further that the funds here appropriated shall be disbursed to and distributed among the Public Junior Colleges which qualify to receive it on the basis of Fifty ( $\$50.00$ ) Dollars per capita for each full time student per seholastic year, . . ." (Emphasis supplied.)

It is apparent that only those Junior Colleges named in Senate Bill 163 are to participate in the appropriation. Therefore, your second and third questions must be answered in the negative. It is also apparent that those colleges named in the Act which qualify under the same are to be given the benefits of the Act. It follows that your first question is answered in the affirmative.

Very truly yours

ATTCKNKY GHRRRAL OF TEXAS By Glenn R. Lewis Assistant by George N. Sparks GWS:db

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