JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12543 

Aus,,“. TX. 78711.2548 

51214752501 

T&x 9101874-1387 

Telecopier 5121475-0286 

714 Jackson, Suite 700 

Dallas, TX. 75202-4506 

214l742-8944 

4824 Alberta Ave., suite 154 

E, Paso, TX. 79905.2793 

9151533.3484 

too1 Texas, suite 700 

Houston. TX. 77002-3111 

713f223-5880 

808 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

8061747.5238 

4309 N. Tenth, Suite S 

WAllen, TX. 78501-1885 

5121882-4547 

2M) Main Plaza, suite 400 

San Antonio, TX. 782052797 

512/225-4191 

A” Equal OPPOrtUnltYl 

Affirmative Actlon Employer 

The Attorney General of Texas 

December 31, 1985 

Gary E. Miller, M.D. opinion No..Jt+416 

commissioner 

Texas Department XE Mental RS: Whether House Bill No. 72, 

Health and Mental Retardation Acts 1984, 68th Leg., ch. 28, is 

P. 0. Box 12668 applicable to teachers employed 

Austin, Texas 7;3711 by the Texas Department of Mental 

Bealth and Mental Retardation 

Dear Dr. Miller: 

Pou ask whel:her certain provisions of the Texas Education Code 

apply to teachers, employed by the Texas Department of Mental Health 

and Mental Retardation. You refer specifically to the various teacher 

testing and certii9catiou requirements and to the career ladder salary 

supplements estatslished by House Bill No. 72 of the Sixty-eighth 

Legislature. Acts 1984, 68th Leg., 2nd C.S., ch. 28, at 269. 

Section 1.04 of the Education Code sets forth the applicability 

of its provisions, in part, as follows: 

(b) This code shall not apply to those 

facilit:les and institutions under the control and 

directiou of the Texas Departmeat of Mental Health 

and Meutal Retardatiou . . . except as specifically pwvided in Subchapter E of Chapter 30 of 

this code [footnote omitted] and in Section 16.104 

of this code. 

Neither subchapter E of chapter 30 uor section 16.104 relate to the 

testing and certiE:tcation requirsments or to the career ladder salary 

supplements established by House Bill No. 72. House Bill No. 72 

effected a minor change in subsection (c) of section 1.04 but left 

subsection (b) intact. 

Consequently, we believe that the plain import of section 1.04(b) 

is that the amudmnrts to the Education Code from House Bill No. 72, 

which relate to teacher training and certification and to career 

ladder salary supplements, do not apply to teachers employed in the 

facilities and irstitutions under the control and direction of the 

department. 

p. 1901 
Dr. Gary E. Miller - Page :! (JM-416) 

SUMMARY 

The amendmeni:s to the Texas Education Code 

added by Eouse Bill No. 72 of the Sixty-eighth 

Legislature that, relate to teacher training and 

certification and to career ladder salary supplements do not aTply to teachers employed by the 

facilities and institutions under the control and 

direction of the Texas Department of Mental Health 

and Mental Retardation. 

JIM MATTOX 

Attorney General of Texas 

JACK HIGHTOWER 

First Assistant Attorney General 

MARY KELLKR 

Executive Assistant Attornsy General 

ROBERT GRAY 

Special Assistant Attorney IGeneral 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Jennifer Riggs 

Assistant Attorney General 

p. 1902