Texas Attorney General Opinion: DM-249 Page: 4 of 7
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Mr. Daniel S. Oudlette - Page 4
committees ofthe public instiution of higher education he or she is
attending. If nonresidents or foreign students in competition with
other students, including Texas residents, obtain these competitive
academic scholarships, the students may pay the same tuition a a
resident of Texas during the registration period in which the
competitive academic scholarship is in effect. At the time the
competitive academic cholarship is made, the institution must
designate the term or terms in which the scholarship will be in effect.
A copetitivw academic scholarship ti qualifies te holder for
waiver of ithe dferenm between the tuition charged to resident ard
inmwsi dew mst sharl be awaded fir the purpo of
encourqging academic excellece in the walemic progrmA in which
the stdent is enrolled. Effective in the 1989-1990 academic year an
institution shall not waive nonresident tuition on the basis of
competitive academic scholarships for more than 5.0% of its total
enrollment in the correspondin semester o term of the previous
academic yar. [Emphasis added.]
In particular, you believe that the language in the board's rule that we have talicized adds
a criterion to the statutory criteria and thereby ceeds the board's authority. You also
believe that the board failed validly to adopt the rule.4
An administrative agency possesses onl those powers that the legisatre
statutorily has conferred upon it, together with those powers necessarily implied from the
powers or duties expressly given. Attorney General Opiion JM-1102 (1989) at 2;
JM-1017 (1989) at 3 (citing 2 Tl. JUt 3d Adninisato Law 2). The legislatne may
authorize an agency to promulgate rules and regulations in aid of the statutory authority
the legislature has conferred upon the agency. Kelly v. Inriarial Acciden Ed, 358
S.W.2d 874, 876 (fex. Civ. App.-Austin 1962, writ red) (citing 1 TEX. JUR 2d
Admiiuratiw Law 11). The agency may not, however, promulgate rules and
regulations that impose additional burdens, conditions, or restrictions that exceed or are
inconsistent with the statutory provisions. Id. at 876-77; Attorney General Opinion
JM-1017 at 3 (citing Kelly v. I AstrialAccidet d).
Initially, we believe that section 54.064(a) of the Education Code authorizes the
board, in the first instance, to determine whether a particular scholarship is a competitive
*You do not ask, and t fore we do nmt msidf, whbt arion 34.064(a) of tfth Edntio
Code validly delegates ~thority to the board to promulgate rules and regulations. See, e.g., Southestern
Savings & Loan Aswc. of Hlorsn v. Fauber, 331 S.W.2d 917, 921 (Trex. 1960), Housing Auth. of City
of Dallas v. Hi~ginbothn, 143 S.W.2d 79, 87 (Tx. 1940); O4brd v. Hill, 558 S.W.2d 557, 560 (Tx.
Civ. App.-Austin 1977, writ ad); Williams v. S~zte, 514 S.W.2d 772, 773-76 (Tnx. Civ.
App.-Beaumont 1974, writ rdtd n.r.e.).p. 1298
(DM-249)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-249, text, September 3, 1993; (https://texashistory.unt.edu/ark:/67531/metapth274057/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.