Untitled Texas Attorney General Opinion ( 1975 )

The Honorable Cue D. Boykin, Chairman Opinion No. H- 715
Texas Industrial Accident Board
Lyndon Baines Johnson Building Re: Whether a member of the
P. 0. Box 12757, Capitol Station Industrial Accident Board
Austin, Texas 78711 accumulates sick leave and vacation
benefits.
Dear Mr. Boykin:
You have requested our opinion concerning whether a member of the
Industrial Accident Board is a state employee for the purposes of vacation and
sick leave entitlement.
Article V, section 7 of the current appropriations act provides vacation
and sick leave benefits to It[ e] mployees of the State . . . . ” Acts 1975. 64th
Leg. ,ch. 743. bi Attorney General Opinion M-1280 (1972) this office ruled that a
member of the Texas Employment Commission is a “State official” rather than an
“annual employee” and thus the provisions of the appropriations act which related
to sick leave and vacation were inapplicable. See also Attorney General Opinion
M-1279 (1972). While the then current appropriations act referred to “annual
employees of the State” whereas the present act applies to I,[ e] mployees of the
State” we believe the ruling in M-1280 controls your question, for in our view
a member of the Industrial Accident Board is clearly a state official rather than
a state employee. See V. T. C. S. art. 8307, et seq. ; Aldine Independent School
District v. StandleyT 280 S.W.2d 578 (Tex. Sup. 1955); Attorney General Letter
Advisory No. 85 (1974)‘.. Accordingly, in our opinion, an Industrial Accident
Board member does not accumulate sick leave and vacation under the appropriations
act.
SUMMARY
Members of the Industrial Accident Board
do not accumulate vacation and sick leave un-
der the appropriations act..
-Very truly yours,
Attorney General of Texas
p. 3070
The Honorable Cue D. Boykin - page two (H-715)
Opinion Committee
jad:
p. 3071