Your communication of February 1, 1939, has been re- ceived, which letter reads as follows:

'There is now some confusion among the higher institutions of learning as to whether or not fees may be charged for Instruction in the Fine Arts Department other than the $25.00 per semester fee required of all students, In other words, It is the desire of a number of higher institutions of learning to know whether or not ,they may charge fees for individual instruction in their Fine Arts Departments. We would like an interpretatfon of the law by your Department.'"

In reply to your Inquiry, this is to advise that a' study has been ,made of Senate Bill No. 202 of March 30, 1927, commonly known as the Pollard Bill and shown in the Revised Statutes as Article 2654a, .and House Bill No. 322, a8 approved on June 3, 1933, now demoninated as Article 2654~; of the Re- vised Statutes.

We are of the opinion that Article 2654~ being the later law and repealing all laws and parts of laws in conflict with It Is the statute under which institutions of higher learn- ing, supported by legislative appropriation, operate at this regard to tuition rates charged. time with

This law reads, In part, as follows: "1 0 From each.resident student, who regis- ters for twelve (12) or more semester hours of per semester of four and one-half (4 l/2) work

months, Twenty-five Dollars ( per semester;

who registers for twelve or more term months Six- Ez&s of work per term~of teen Dollars .and 'Sixty-seven Cents ~($16.671 per term.

Hon. J. Manley Head, February 8, 1949, Page 2 (O-177)

"3 . From each resident or non-resident stud- ent who registers for less than twelve (12)~semes- ter or term hours, of work, a.sum proportionately less than that hereinabove prescribed therefor, provided each student registered shall pa no less -50 per than Seven Dollars and Fifty Cents ( Y semester nor less than Five Dollars 5.00) per term. tJ "4. From each student registering for a summer session, such amount as shall be fixed by the govern- ing board of such institution, but in no event less than Twenty Dollars ($20.00) for a twelve (12) weeks term nor more than Thirty-five Dollars ($35~.00) for a twelve (12) weeks term.

"5 . The foregoing provisions, requiring the governing.boards'to collect tuition, shall not be in- terpreted as depriving the said boards of the right to collect such library, laboratory, and oth:r fees as they are now permitted.by.law to collect.

We are also of the opinion thatSe~ction.2 of the Pollard Bill is still in force, and it provides:

"Any such educational, institution may aollect from eac,h I.. . and laboratory charges to cover ao~tual laboratory materia1.s and supplies used by s~uch student not to ex,ceed in any event ~four ($4.00) dollars for any one year from $ny one student in any one laboratory course. 0 .

We are of the opinion that the amounts of money spe.ci- fled in~Article 265&c are the specific amounts that can be charged, and the only amounts that can be charged to students other 'than the laboratory charges which are provided for in the Po~llard ~Bill. We are, therefore, o,f the opinion that no other o'harges can be made and collected from students registering i'nsald schools after September 1, 193X0

BSV:N:wb:cs. Yours very truly

ATTOR,NEY GENERAL OF' TEXAS APPROVED: By /s/ Geo. S. Berry /s/ Gerald C. Mann Geo. S. Berry, Assistant ATTORNEY GENERAL OF TEXAS

OK GRL