Untitled Texas Attorney General Opinion ( 1980 )

The Attorney General of Texas
April 9, 1980
MARK WHITE
Attorney General
Honorable Kenneth II. Ashworth Opinion No. MW-16 5
Coordinating Board
Texas College 6r University System Re: Classification of faculty
Austin, Texas 787ll members at Odessa College.
Dear Mr. Ashworth:
You ask whether full-time teaching faculty of Odessa College are to
be considered classified, administrative, or professional staff members for
purposes of article 6252-Ea, V.T.C.S.
Article 6252-Ea, V.T.C.S., provides that upon the death of a state
employee, the state shall pay his estate for all the employee’s accumulated
vacation leave and for one-half his accumulated sick leave. “Employee” is
defined to exclude
Sec. 1. . . . any person who is covered by the Teacher
Retirement System of Texas, exce t . . . classified,
administrative, and professlo‘&staff members
employed by a State institution of higher education
who have accumulated vacation or sick leave, or
both, during such employment.
(Emphasis added). Thus, the “classified, administrative, and professional”
language is operative only to save persons otherwise eligible for article
6252-Ea, V.T.C.S., benefits as state employees from being excluded because
of their membership in the Teacher Retirement System of Texas. It does
not make eligible all classified, administrative and professional staff people
employed in those capacities by institutions of higher education.
No person employed by Odessa College, a public Junior College, comes
within article 6252-6a, V.T.C.S., because that statute applies anly to “any
appointed officer or employee in a department of the State” not otherwise
excluded. Such persons are employed by the junior college district, not the
state. Educ. Code SS 130.001, et seq; Shepherd v. San Jacinto Junior College
363 S.W.2d 742 (Tex. 1963); Attorney General Opinion M-707 (1970.).
oss v. San Jacinto Junior College, 588 F.2d 96 (5th Cir. 1979); Hander
Dan Jacinto Junior Co 519 F.2d 273, aff’d per curiam on reh-
522 F.2d 204 (5th Cir. 197 - f. Hart v. University of Texas at Houston, 474
P. 521
Honorable Kenneth Il. Ashworth - Page Two (NW-1651
P. supp. 4;65uS . D. Tex. 1979); Henry v. Texas Tech University, 466 F. Supp. 141(N.D. Tex.
1979). whatever distinction the statute might make between “classified,
administrative: and professional” staff members and others is of no consequence here. It
is unnecessary; therefore, that we determine in this opinion whether that grouping would
include faculty members employed by the college. -Cf. Attorney General Opinion H-829
(1976).
SUMMARY
Article 8252-8a, V.T.C.S., does not apply to persons employed by
Odessa College.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Walter Davis
Susan Garrison
Rick Gilpin
Bruce Youngblood
P. 528