The opinion
Honorable J. K. Williams Opinion No. H-1029
Chancellor
Texas A 6 M University System Re: Compulsory fees for
College Station, Texas 77043 off-campus students at
state supported universities.
Dear Mr. Williams:
You have requested our opinion regarding the application
of section 54.503(b) of the Education Code to university stu-
dents who receive instruction off-campus. That statute pro-
vides:
(b) The governing board of an institu-
tion of higher education may charge and
collect from students registered at the
institution fees to cover the cost of
student services which the board deems
necessary or desirable in carrying out
the educational functions of the insti-
tution. The fee or fees may be either
voluntary or compulsory as determined by
the governing board. The total of all
compulsory student services fees collected
from a student for any one semester or
summer session shall not exceed $30. All
compulsory student services fees chargx
and collected under this section by the
overning board of an institution of
lgher education, other than a public
junior college, shall be assessed In
proportion to the number of semester
credit hours for which a student regis-
ters. No fee for parking Services Or
facilities may be levied on a student un-
less the student desires to use the park-
ing facilities provided.
(Emphasis added). Specifically, you ask whether the compul-
sory student services fee authorized by section 54.503(b) may
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Honorable J. K. Williams - Page 2 (H-1028)
be waived or modified for students "who do not have physical
access to use facilities by reason of being off-campus for :
instruction."
In Attorney General Opinion H-284A (1974), we held that
the student services fee must "be charged proportionately ac-
cording to the number of semester credit hours for which a
student registers." H-284A (1974) at 2. This result was
enacted into law in an amended version of section 54.503(b).
Acts 1973, 63rd Leg., ch. 641, at 1759. Subsequently, the
Coordinating Board, Texas College and University System, prom-
ulgated rules which impose limitations upon the power of a
governing board to waive or modify fees. The Board defined
two types of "off-campus" courses: "extension" and "resident"
courses. As to off-campus resident courses, the Board has
directed that
public senior institutions . . . require
the same tuition, building use fees and
student service fees as those charged for
the same credit courses on campus.
Rule 251.02.12.001(d)(Z), Rules, Coordinating Board, Texas
College & University System. In addition, the Board's rules
require that "(clertain types of instruction not conducted at
an official location may be treated as 'on-campus'." Rule
251.02.12.001(b). Examples of such instruction include "Isltu-
dent teaching, internships, clinical instruction, practicums,
and field courses. . . ." Id. It is evident that the Board
intended that students registered for such "on-campus" courses
should be subject to the student services fee.
In our opinion, however, the Coordinating Board lacks
the authority to promulgate these rules. The Board has been
given no general control over public senior institutions in
this area. See Education Code,,S 61.021. Section 61.051(j)
of the Educamn Code, enacted in 1975, does not furnish such
authority because it addresses the question Of course Offer-
ings rather than imposition Of fees. It provides merely that
(n]o off-campus courses for credit may be
offered by any public college or university
without specific prior approval of the
board. The board shall establish regula-
tions for the coordination of credit and
non-credit activities of adult and con-
tinuing education by public colleges and
universities.
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Honorable J. K. Williams - Page 3 (H-1028)
Section 54.503(b), by contrast, clearly indicates that L
the "governing board of [each] institution" shall set the
student services fee. In Letter Advisory No. 6 (1973) at 2,
in discussing the scope of the governing board's authority
under section 54.503(b), we stated that
[tlhe governing board of an institution
of higher education, in adopting rules and
regulations for its operation, exercises
delegated legislative powers, and in the
absence of a clear showing that it has
acted arbitrarily or has abused the autho-
rity vested in it, the courts will not
interfere.
See Foley v. Benedict, 55 S.W.Zd 805, 810 (Tex. Comm'n App.
m2, opinion adopted). In Attorney General'Opinion H-284A
(19741, we recognized that, within the guidelines of the stat-
ute, each governing board may prescribe its own fee. Pro-
vided that the fee does not exceed $30 per student per semes-
ter, and so long as it "be charged proportionately according
to the number of semester credit hours for which a student
registers," we believe that the governing board may waive or,
modify the student services fee in appropriate circumstances,
including those in which a student does "not have physical
access to use facilities by reason of being off-campus for
instruction."
SUMMARY
Within the guidelines of section 54.503(b)
of the Education Code, the governing board
of an institution of higher education may
waive or modify the student services fee
for students who do not have physical access
to use facilities by reason of being off-
campus for instruction. The Coordinating
Board is not empowered to promulgate rules
governing the imposition of such fees.
JOHN L. HILL
Attorney General of Texas
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Honorable J. K. Williams - Page 4 (H-1028)
APPROVED:
C. ROBERT HEATH, Chairman
Opinion Committee
klw
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