Untitled Texas Attorney General Opinion ( 1976 )

THE A-ITOWNEX- GENERAL OF' TEXAS The Honorable Ron Jacknon Opinion No."H- 829 Executive Director Texae YouthXouncil h: Rnployment statue P.-..o.,.-Box~-9999 of teacherr tiployed~'by Amtin,-Texan 70766 the Texan Youth'Council. Dear Mr.. Jaakronr ~~You:have.reque~tedouropinion on,a number of questions regarding~,.theatatua-of;teachere.exployed by the.'Texis,Youth Council. ,You firot:aek ~whether~a teacher employed-bythe Council is a state employee,.for,purpoeesoftreceiving pay for accrued vacation time. Section 20 of article 51436, V.T,C.g.,~~theGuzt,creatingthe Texas,Youth,'Council;.,provides ink.-pertinentpart: " : ,.', ~. :-. 1.: .e, The;iYouth;Councilehall,:~froxtime ;to time, appoint,,a+euperintendent~bfor sach of raid~~rrchools-and.inetitutione, .,::and,~uponrthe-reomendation ,of.the. superintendent shall appoint all::other officials, chaplains, teachers, and ~employee8~required,~-at said schools-end', inmtitutiona-and'shall.pre8cribe.,thei,r duties, ,:,,'... .~ .. ; ,. ~.ialarierr jr- _:::+The oompeneation, 'and'emolumenta ,'. .:of,the,rsuperilrtendenta:snd subordinates .,-ofPicial8,::~chere,' and employeee'Bhall:be 'fired~,a&provlded.by.thelegislature; p. 3499 The Honorable .Ron Jackson - page 2 CH-829) ' The current General Appropriations Act, Acts 1975, 64th Leg., ch. 743, art. V, S la, at 2849, provides: A state employee who resigns, is dismissed, or separated from State employment shall be entitled to'lbe ii;;u;r all vacation time duly . InAttorney General Opinion H-775 (1976&fe held that teachers e@oyed by the Texas Youth Council a& state em- ployees for.purpoeer ofyreceiving pay for ,accumulated rick leave. As we stated therein, there appears to be "no basis for drawing a distinction between teaching and.non-teaching personnel employed by the Texas Youth Council." This con- clusion is ae.,applicable,;to payment for,vacationtime as -forleick,leave..,.,:,In.~?ur,:iopinion,;: therefore,,-.a Deacher'~,employed by,the.,,Texae,Youth.~Counciliez-a~~etate:employee~~for purposes of receiving pay<.-for.:,accrued vacation time.: : i:, ,,, .: .~ I ,J',,,,' :' '..,., :. ~You next,saekrwhether~ateacheremployed'.,byftheTexas Youth Council accrues rights ,tovacatione,and:leavee'by virtue of article 5, section 7 of the General Appropriations Act. The provieione;therein.,ae.tovacation and sick leave are applicable to.lemployees~of the~:State."'Thus? based on the reasoning ofi~,Attorney-General,GpinionH-775;; webelieve that such a teacher accrue+righte to vacations and~leavee by virtue of article 5, section 7 of the Actd.~.i' '.I~:, .~: ( :,, -, ~Your third.quertion,ie whether teachere,employed by the Texas Youth+ouncil.are*eubject'to ,the~ .provieione of article 5, section 6 of the General Appropriations ,~Act“regarding working houre and holidays. Secti.on6c of the Act prescribes certain,~holida~r.~~o~ .employeee,“.lbut .;excepteemployees ~~'f6,t&e of "agenciee~:~~f,,;hig~r. .&ducationand special~'rch&le under the State Boar.d:qf,~duoation." rGeneral Appropriations Act, ::743iart: VI,,S 6c, at 2849. The Acts 1975, 64th-~&egi~,.::ch.. Education Code, ,which provides statutory authority for agencies of higher education and special schools under the State Board of Education, is specifically made inapplicable "to the institutions and activities of the Texas Youth Council." Education Code, S 1.04 (b). It therefore seems clear that holidays for teachers employed by the Council must be the same as those provided for all other State p. 3500 The Honorable Son Jackson - page 3 (H-839) employees subject to the provisions of article 5, section 6. We note, however, that article 5, section 6 permits agencies to require employees to work on a designated holiday if the continuing nature of agency operations so requires and if the employee receives compensating time off another day. Section 6b of the Act requires that "agencies," which clearly includes the Texas Youth Council, maintain the 8- hour day and 40-hour week as provided in article 5165a, V.T.C.S. By the terms of that statute, state employees who are employed in the officee.of state departments or institutions or agenoiee,and who are paid on a full-time salary basis are required.to work 40 hours per week. It is ouropinion that teachers employed by the Texas Youth Council are subject to the provisions of article 5, section 6 of the General Appro- priations Act regarding working hours and holidays. You also ask whether a teacher who transfers into a Texas Youth Council school from another school is entitled to take with him his sick leave benefits which accrued prior to transfer, as provided in section 13.904 of the Education Code. As noted above, the Education Code is not applicable 'to the institutions and activities of the Texas Youth Council." As a result, it is apparent that a teacher trane- ferring into a Texas Youth Council school district from another school district is not entitled to transfer sick leave benefits in accordance with section 13.904 of the Code. SUMMARY A teacher employed by the Texas Youth Council is a state employee for purposes of receiving pay for accrued vacation time. Such a teacher accrues rights to vacations and leaves by virtue of article.5, section 7 of the General Appropriations Act, and is subject to the provisions of article 5, section 6 of the Act regarding working hours and holidays. p. 3501 Teh Honorable Ron Jackson - page 4 (H-829) A teacher transferring into a Council school district from another school district is not entitled to transfer sick leave benefits in accordance with section 13.904 of the Education Code. /yery truly yours, Attorney General of Texas Opinion Committee jwb p. 3502