Texas Attorney General Opinion: GA-0743 Page: 3 of 5
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Mr. Bill Segura - Page 3
Tex. Att'y Gen. Op. No. JM-1091 (1989) at 2 (concluding that a university must determine, in the
first instance, whether a public purpose exists and make a finding regarding the same).
Aside from the constitutional questions raised by this Proposal, of additional concern is that
the Proposal will require TSTC to offer courses "for a reduced tuition." See General Counsel Letter.
Chapter 54 of the Education Code governs the tuition and fees charged by an institution of higher
education.4 Section 54.051 of that chapter requires "[t]he governing board of... the Texas State
Technical College System [to collect] from students registering at the institution tuition or
registration fees at the rates prescribed in this section." TEX. EDUC. CODE ANN. 54.051(b) (Vernon
2006); see also id. 135.52(a) (Vernon Supp. 2009) ("The board [of TSTC] shall collect tuition at
the rates provided by law ... ."). Specifically, the Legislature requires that the following rates be
charged for tuition at TSTC:
Tuition for a resident student registered at the Texas State
Technical College System is the greater of $50 or an amount set by
the governing board of the system at not less than $16 per semester
credit hour. Tuition for a nonresident student registered at the Texas
State Technical College System is an amount set by the governing
board of the system at not less than $80 per semester credit hour.
Id. 54.051(k) (Vernon 2006).5
The Legislature has authorized the governing board of TSTC to reduce the amount of tuition
charged to a student to an amount less than the amount otherwise required, but only if certain
requirements are met. Id. 54.010(a). Specifically, any tuition reduction must be "part of an
institutional policy adopted by [TSTC's board of regents] to: (A) increase the average semester
credit hour course load of students ... ; or (B) improve the retention and graduation rate of students
enrolled." Id. Prior to offering the reduction, the board must "determine[] that the student is: (A)
enrolled in, and making satisfactory progress toward completion of, a degree program offered at the
4For purposes of chapter 54, TSTC is included in the definition of an institution of higher education. See TEX.
EDUC. CODE ANN. 54.001 (1) (Vernon 2006) ("'Institution of higher education' has the same meaning as is assigned
to it by Section 61.003 of this code."); 61.003(7) (Vernon Supp. 2009) ("'Public technical institute' means ... the Texas
State Technical College System."); 61.003(8) (Vernon Supp. 2009) ("'Institution of higher education' means any public
technical institute .... ").
5The 2009 General Appropriations Act prohibits institutions of higher education from receiving certain
appropriations under the act unless it collects tuition in accordance with requirements of chapter 54 of the Education
Code. See General Appropriations Act, 81st Leg., R.S., ch. 1424, art. III, 16, 2009 Tex. Sess. Law Serv. 4481, 4951,
available at http://www.lbb.state.tx.us/Bill_81/6_FSU/Bill-81-6 FSU_0909.pdf ("No institution of higher education
shall receive appropriations through formula funding in this Act unless it collects from each student whose semester
credit hours are to be included in formula funding calculations all tuition and all fees in accordance with the installment
tuition and fee payment plan provided for by the Education Code, (Chapter 54, as amended) on or before the end of the
20th class day for each regular semester ... .") (last visited Oct. 20, 2009); see also TEX. EDUC. CODE ANN. 54.004
(Vernon 2006) ("All tuition, local funds, and fees collected by an institution of higher education shall be retained and
expended by the institution and accounted for annually as provided in the general appropriations act.").(GA-0743)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0743, text, October 27, 2009; (https://texashistory.unt.edu/ark:/67531/metapth275639/m1/3/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.