Untitled Texas Attorney General Opinion ( 1984 )

I The Attorney General of Texas JIM MATTOX December 27, 1984 .ttorney General ^uprame Cowl Suildkig Ronorable Wilhelmina Delco Opinion No. m-273 0. Box12548 Chairman “UstIn. TX. 78711.25uI Aigher Education Coxmittee Re: Whether article 6813e. 512l4752SOl Texas House of Representatives V.T.C.S., applies to a public -ax 81101874.13S7 P. 0. Box 2910 . junior college alecopier 5-121475-0285 Austin, Texas 78769 ‘14 Jackson. Suite 700 alla% TX. 75202.4506 -141742.@44 Dear Representative D'elco: 924 Alberta Ave., SUlt9 160 Article 6813e. V.T.C.S.. prohibits a "state governmental body" ,I Paso. TX. 799052793 from making deductions from state officers' or employees' compensation 9151533-3484 unless the deduction is authorized by state law. This office has already concluded t!wlt "public community junior colleges," as defined I*” # Texas. suite 700 by section 61.003. 'Poxas Education Code, are subject to this article. Hourion. TX. 77902.3111 Attorney General Opinion RR-566 (1982). You ask vhether it also ~13l2235884 applies to a specific public junior college, Del Mar Junior College. We conclude that it does. 808 Broadway. Suite 312 .ubboCk. TX. 79401.3479 Article 6813~. V.T.C.S.. provides the following: ,061747-5238 Section 1. In this Act, 'state governmental body' mearw: Xl9 N. Tenth. Suite B 4cAllen. TX. 79SWlS95 ;12lS92-4517 (1) a-board, commission. department, office, or other .y{ency that is in the executive branch of state goynment and that was created by the !oo MaIn PIUS. SUIC 400 constitut$n or.a statute of the state, including .j.n Antonio. TX. 792052797 an institution of higher education as defined by 51212254191 Section 6L.003, Texas Education Code, as amended; An Equal Oppoftuniiyl (2) th,e legislature or a legislative agency; Alfirmatlve Action Employer or (3) the Supreme Court, the Court of Criminal Appeals, s court of civil appeals, or the State Bar of Texas or another state judicial agency. Sec. 2. A state governmental body may not make a deduction from the compensation paid to an p. 1216 Honorable Wilhelmina Delco - Pa@c 2 (a-273) officer or employee whose compensation is paid in full or in part ,from stats funds unless the deduction is authorized by law. (Emphasis added). In Attorney General 0pin:ion MU-566 (1982). this office looked first to the definition of %tate governmental body” and noted that section 61.003 of the Texas Kducation Code defines “institution of higher education” to include “any public junior college.” The opinion then stated that “[alrticle Ml13e therefore applies to officers and employees of public conmunitJ, junior colleges whose compensation is paid in full or part from et.ste funds.” You suggest that Del Mar Junior College is an exception for two reasons: first, you claim that Del Mar Junior College is not in the executive branch and therefore does not fall within the subwction (1) definition of “governmental body”; second, you claim that Del Mar Junior College was not “created by the constitution or a statute of the state” and therefore does not fall within subsection (1). $fe! disagree. First, this office has rcyleatedly held that state institutions of higher education are part oli the executive branch for purposes of article II, section 1 of thd! Texas Constitution, the separation of powers provision. We know of no reason why we should not so hold in this instance. You have n,ot suggested any reason why state institutions of higher education as a class or Del Mar Junior College in particuler should not be: so regarded for purposes of section 61.003, Texas Education Code. See, e.g., Letters Advisory Nos. 4, 20. 23. 30, and 55 (1973). Second. you apparently construe the phrase “that was created by the constitution or a statute of the state” to require that the institution be expressly crested or established by a specific constitutional prov:laion or a specific special law. See, s, article VII. section 10 of the Texas Constitution (directing the legislature to establish the University of Texas). You assert that Del Mar Junior College was founded in 1935 under the control of the Corpus Christ1 Independent School District. However. we construe the phrase “created by . . . a statute of the state” to mean created by z under the authority of a stat:ute of the state. And Del Mar Junior College was created under the authority of s statute of the state which permitted independent school districts to create an independent school district junior colleg?, See Acts 1929. 41st Leg., ch. 290, I1 at 648, amended Acts 1947. 5Csth Leg.. ch. 303, I1 at 513 (codified as nov-repealed V.T.C.S. art. 2ElSh. $01, l(a)). See also Attorney General Opinions M-851 (1971); O-4573 (1942). Accordingly, we conclude .ehat article 6813e. V.T.C.S., does apply to Del Mar Junior College. p. 1217 . Honorable Wilhclmina Delco - F'age 3 (JM-273) Article 6813e. V.T.C.S., applies to Del Mar Junior College Attorney General of Texas TOMGREEN First Assistant Attorney General DAVID R. RICHARDS Executive Assistant Attorney 'Zenera RICK GILPIN Chairman, Opinion Coarmittee Prepared by Jim Moellinger Assistant Attorney General APPROVED: OPINIONCORMITTEE Rick Gilpin. Chairman Colin Carl Susan Garrison Tony Guillory Jim Hoellinger Jennifer Riggs p. 1218