Untitled Texas Attorney General Opinion ( 1961 )

I’laE L%?K’TO Y GENERA& Dr. J. W. Edgar Opinion No. WW-990 Commissioner of Education State Department of Re: Whether more than five Education students from any of the Austin, Texas Nations of the American continents can attend a Texas College exempt from tuition payment under the provisions of Article 2654e, Vernon's Civil Dear Dr. Edgar: Statutes. In your letter requesting:& opinion from this office, you ask whether more than five students from any one of the Nations of the American continents may attend a Texas College exempt from tuition payments under the provisions of Article 2654e, Vernon's Civil Statutes. Article 2654e, Vernon's Civil Statutes, Senate Bill 4, * p. 38, 8 1, provides in Acts 47th Legislature, 1941, ch. 25,., part: "The governing boards of the several ln- stitutlons of collegiate rank, supported in whole or In part by public funds appropriated from the State Treasury, are hereby authorized and directed to except and exempt five (5) native born students annually from each of the other nations of the Amerioan continents from the payment of tuition fees; . . ilprovided further that the total number of students en- titled to the benefits provided herein shall never exceed one hundred (100) annually; and provided further that the State Board of Educa- tion, In cooperation with,representatives of the governing boards . . . shall formulate and prescribe a plan for the admission and dlstrl- bution of all applicants desiring to qualify under the provision8 of this Act. . . .' Dr. J. W. Edgar, Page 2 @W-990) It Is a basic rule of construction that when a statute Is clear and unambiguous, It must be given effect wlthout attempting to construe or Interpret the law, 39 Tex. Jur. "Statutes," Sec. 90, p. 168. Further, It Is well settled that when a statute gives authority to do a particular thing and prescribes a mode of doing It, It is mandatory In that all other modea are exclud- ed. 39 Tex. Jur. "Statutes," Sec. 17, p. 39. In view of the foregoing, it Is the opinion of this office that Article 2654e, Vernon's Civil Statutes, Is clear ln thata total of five native born students from each of the American continents will be allowed to attend State supported lnstltutlons of collegiate ranks annually without payment of tuition and not that one hundred scholarshipa shall be granted. The Legislature has plainly stated In Article 2654e, Vernon's Civil Statutes, that in no event could more than one hundred students be accepted under the provisions of Article 2654e. SUMMARY Under Article 2654e, Vernon's Civil Statutes, no more than five students from each American Nation are eligible to enroll ,annuallyIn a Texas College exempt from tuition payments. Yours very truly, WILL WILSON Attorney General of Texas $&&.&gLG?c5Tu BY Martha Joe Stroud Assistant MJs:mm APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman L. P. Lollar B. H. Tlmmlna, Jr. Leon F. Pesek Raymond V. Loftln, Jr. REKtEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore