Untitled Texas Attorney General Opinion ( 1985 )

The Attorney General of Texas JIM MATTOX December 31, 1985 Attorney General Supreme Court Building Gary E. Miller, M.D. opinion No..Jt+416 P. 0. BOX 12543 commissioner Aus,,“. TX. 78711.2548 Texas Department XE Mental RS: Whether House Bill No. 72, 51214752501 Health and Mental Retardation Acts 1984, 68th Leg., ch. 28, is T&x 9101874-1387 Telecopier 5121475-0286 P. 0. Box 12668 applicable to teachers employed Austin, Texas 7;3711 by the Texas Department of Mental Bealth and Mental Retardation 714 Jackson, Suite 700 Dallas, TX. 75202-4506 Dear Dr. Miller: 214l742-8944 Pou ask whel:her certain provisions of the Texas Education Code 4824 Alberta Ave., suite 154 apply to teachers,employed by the Texas Department of Mental Health E, Paso, TX. 79905.2793 and Mental Retardation. You refer specifically to the various teacher 9151533.3484 testing and certii9catiou requirements and to the career ladder salary supplements estatslished by House Bill No. 72 of the Sixty-eighth too1 Texas, suite 700 Legislature. Acts 1984, 68th Leg., 2nd C.S., ch. 28, at 269. Houston. TX. 77002-3111 713f223-5880 Section 1.04 of the Education Code sets forth the applicability of its provisions, in part, as follows: 808 Broadway, Suite 312 Lubbock, TX. 79401.3479 (b) This code shall not apply to those 8061747.5238 facilit:lesand institutions under the control and directiou of the Texas Departmeat of Mental Health and Meutal Retardatiou . . . except as specifi- 4309 N. Tenth, Suite S cally pwvided in Subchapter E of Chapter 30 of WAllen, TX. 78501-1885 5121882-4547 this code [footnote omitted] and in Section 16.104 of this code. 2M) Main Plaza, suite 400 Neither subchapter E of chapter 30 uor section 16.104 relate to the San Antonio, TX. 782052797 testing and certiE:tcation requirsments or to the career ladder salary 512/225-4191 supplements established by House Bill No. 72. House Bill No. 72 effected a minor change in subsection (c) of section 1.04 but left A” Equal OPPOrtUnltYl subsection (b) intact. Affirmative Actlon Employer Consequently, we believe that the plain import of section 1.04(b) is that the amudmnrts to the Education Code from House Bill No. 72, which relate to teacher training and certification and to career ladder salary supplements, do not apply to teachers employed in the facilities and irstitutions under the control and direction of the department. p. 1901 Dr. Gary E. Miller - Page :! (JM-416) SUMMARY The amendmeni:s to the Texas Education Code added by Eouse Bill No. 72 of the Sixty-eighth Legislature that, relate to teacher training and certification and to career ladder salary supple- ments do not aTply to teachers employed by the facilities and institutions under the control and direction of the Texas Department of Mental Health and Mental Retardation. JIM MATTOX Attorney General of Texas JACK HIGHTOWER First Assistant Attorney General MARY KELLKR Executive Assistant Attornsy General ROBERT GRAY Special Assistant Attorney IGeneral RICK GILPIN Chairman, Opinion Committee Prepared by Jennifer Riggs Assistant Attorney General p. 1902