Untitled Texas Attorney General Opinion ( 1963 )

THEATI-ORNEYGENEEZAL OFTEXAS AUSTIN. TEXAS 78711 November 15, 1963 Honorable William H. Hunter Cninion NO. c-178 District Attorney 69th Judicial District Re: Construction of House Bill Dalhart, Texas 3959 Acts 196& 58th Leg, p R.S., Ch. 327, pa 857. Dear Mr. Hunter: We are in receipt of your request for opinion regarding our construction of House Bill 395 of the 58th Legislature, codi- fied as Article 6252-14 of Vernon’s Civil Statutes. The Commis- sioners’ Court of Deaf Smith County is considering the establishment of a retirement program for county employees age 65 and desires our opinion in connection with House Bill 395. House Bill 395 of the 58th Legislature states as follows: “Section 1. It is hereby declared to be the policy of the State of Texas that Do nerson shall be denied the iaht to work, to earn a living, and to support himielf and his family solely because of &ggo “Sec. 2. & agency, board, commission, depart- ment, or institution of the government of the State of Texas, nor any gplitical subdivision of the St- citizen of this Stat: be denied employment by any such agency, board, commission, department or institution or any political subdivision of the State of Texas solely because of age; provided. hovever. not,- not aonlv to institutions of higher education with es- tablished retirement rwoRramsqll (Emphasis added) In Section 1 of the statute in question the Legislature has declared it to be the policy of the State that no person shall be refused employment solely because of age. Seetion 2 of the Act places maximum and minimum limits on the State or it8 subdivisions -872- Hon. William H. Hunter, page 2 (C-178) in using age alone as a basis for denial of employment. Since the Commissioners~ Court of Deaf Smith County does not desire to place the maximum age limit under sixty-five years of age, it is clear that they may do so within the provisions of House Bill 395’. The only restriction on the maximum age limit which they must consider in the establishment of their retirement program 1s~ that the age for conrnulsorg retirement cannot be under sixty-five years. The CommissionersP Court of Deaf Smith County may establish a retirement program for county em- ployees as long as the age for compulsory retirement is not under sixty-five years, Articie 6252-14, V.C.S. Yours very truly, WAGGONER CARR Attorney Gener Fred D. Ward F'DW:wb Assistant APPROVEDs OPINIONCOMMITTEE W. V. Geppert, Chairman Malcolm Quick Mary K. Wall James M. Strock APPROVED FOR THE ATTORNEY GENERAL BYs Stanton Stone ..