June 5, 1972 

Mr. David P. Bell Opinion No.M-1142 

Executive Director 

Industrial Accident Board Re: Whether students particiState Finance Building pating in a Federal College 

Austin, Texas 78711 Work-Study Program,at a 

Texas college or university 

may be deemed to be employees 

under the Texas Workmen's 

Dear Mr. Bell: Compensation Act. 

We have your request for an opinion regarding the 

captioned matter which specifically asks the following question: 

"Are students participating in a Federal 

College Work-Study Program at a Texas college 

or university considered to be employees under 

the Texas Workmen's Compensation Act so as to 

be entitled to the benefits of that Act?" 

The Federal College Work-Study Program, 42 U.S.C. 2751 

et seq., provides federal funds to eligible educational institutions employing needy students for part-time work as classroom 

assistants, laboratory and library assistants, clerks, maintenance men, etc. The participating students are restricted to 

working not more than an average of fifteen hours per week and 

they do not receive pay checks from the institution. Rather, 

their earnings are credited to their accounts with the institution for the cost of their tuition, room and board, books, etc. 

Up to 80 percent of the cost for such program is provided for by 

federal funds. 

Except insofar as they may be classified as "workmen" 

at particular institutions as hereinafter discussed, these students are not covered by the Workmen's Compensation Act and are 

not entitled to benefits thereunder. 

While employees of private employers are now governed 

by the general workmen's compensation statute, Article 8306, 

et seq., Vernon's Civil Statutes, this general law is not applicable to state-supported colleges or universities, who are governed 

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I 

Mr. David P. Bell, page 2 (M-1142) 

by special laws pertaining only to certain colleges and universities, except insofar as particular parts of the general 

law have been expressly adopted and incorporated in the special 

acts. Matthews v. University of Texas, 295 S.W.Zd 270 (Tex.Civ. 

App. 1956, no writ). 

In 1936, the Constitution of Texas authorized the 

Legislature to provide for workmen's compensation insurance for 

State employees and further to provide for the payment of all 

costs, charges and premiums on such policies of insurance. 

Section 59 of Article III of the Constitution of Texas 

provides: 

"The Legislature shall have power to pass 

such laws as may be necessary to provide for 

Workmen's Compensation Insurance for such State 

employees, as in its judgment is necessary or 

required; and to provide for the payment of all 

costs, charges, and premiums on such policies of 

insurance: providing the State shall never be required to purchase insurance for any employee." 

Pursuant to the above quoted constitutional amendment, 

the Legislature has authorized workmen's compensation coverage 

of employees at only three Texas colleges and/or universities; 

namely, the Agricultural and Mechanical College of Texas (Art. 

8309b, V.C.S.), The University of Texas (Art. 830962, V.C.S.) 

and Texas Technological College (Art. 8309f, V.C.S.). The above 

three statutes cover various campuses and branches of the respective institutions in addition to the main college or university 

as provided in each particular Act. 

No other state-supported colleges and universities 

being statutorily authorized to provide workmen's compensation 

insurance for its employees,the scope of this opinion is necessarily limited to consideration of your question only as it may 

pertain to the three above mentioned institutions. 

The definition of a "workman" is identical in the Acts 

covering The University of Texas and Texas Tech. Art. 8309d, 

Sec. 2, Subd. 2, and Art. 8309f, Sec. 2, Subd.2, V.C.S. We 

quote the definition out of the Act for Texas Tech as follows: 

1'2 . 'Workman' shall mean every person in 

the service of Texas Technological College under 

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Mr. David P. Bell, page 3 (M-1142) 

any appointment or expressed contract of hire, 

oral or written, whose name appears upon the 

pay roll of Texas Technological College except, 

"(a) Administrative staff including officials of administration; 

"(b) Teaching staff who are not required 

by their teaching or research duties to handle 

or work in close proximity to dangerous chemicals, 

materials, machinery or equipment; 

"(c) Research staff who are not required to 

handle or work in close proximity to dangerous 

chemicals, materials, machinery or equipment; 

"(d) Clerical and office employees not required by their duties to regularly travel or 

work in a dangerous area; 

"(e) Supervisory staff whose duties are 

predominantly administrative and clerical and 

who do not participate in manual labor, or work 

in a dangerous area: 

"(f) Persons paid on a piecework basis, or 

any basis other than by the hour, day, week, month, 

or year. 

"Provided further, that no person shall be 

classified as a 'workman' nor be eligible to any 

compensation benefits under the terms and provisions of this Act until he shall have submitted 

himself first to a physical examination by a regularly licensed physician or surgeon designated by 

Texas Technological College to make such examination and thereafter been certified by Texas Technological College to be placed on the pay roll of 

Texas Technological College." 

The definition for a workman set out in the Act for 

Texas A&M, Article 8309b, Sec. 2, Subdivision 2, provides: 

"2 . 'Workman' shall mean every person employed in the service of any institution as defined above, whose name appears on the payroll 

thereof, except clerical and office employees 

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Mr. David P. Bell, page 4 (M-1142) 

not required by their duties to travel or work 

away from their offices. No person in the 

service of such institution who is paid on a 

piece-work basis, or on any basis other than 

by the hour, day, week, month, or year shall 

be considered an employee nor shall be entitled 

to compensation under the terms and provisions of 

this Act." 

The relation of employer and employee exists between the 

hiring institution and the student working part-time under its 

SC 

Ar 

fTex.Civ.Ar 

direction and control. Wise v. Texas Employment Insurance Asciation, 402 S.W.Zd 228 (Tex.Civ.App. 1966, error ref. n.r.e.). 

Id see Goodnight v. Zurich Insurance Company, 416 S.W.2d 626 

>P * 1967, error ref. n.r.e.); and Sanchez v. Leggett, 

463 S.W.Zd 517 (Tex.Civ.App. 1971). 

The manner of remuneration to the student, i.e. as 

a credit to his account at the school rather than his receipt of 

a pay check, is immaterial. American Fire and Casualty Co. v. 

Baker, 431 S.W.2d 956 (Tex.Civ.App. 1961, error ref. n.r.e.). 

And see Article 8301, Sec. l(4), where the definition of wages 

includes the "market value of board, lodging, laundry, fuel and 

other advantage which can be estimated in money which the employee receives from the employer as part of his remuneration." 

Likewise, the fact that the institution receives funds 

from the federal government to help offset the costs for such 

program would have no bearing in the determination of coverage. 

We note from the definitions of "workman" in the 

statutes covering the three institutions herein discussed that, 

in general, those persons engaged in so-called "office jobs" are 

not covered, while others are. 

Therefore, if a part-time student working at The University of Texas, Texas A&M or Texas Tech under the provisions 

of the Federal College Work-Study Program is engaged in the type 

of activity that would classify him as a "workman" as that term 

is defined by the workmen's compensation statutes applicable to 

each institution, the student would be entitled to the benefits 

of workmen's compensation provided for by that institution. If 

the working duties of such student are excluded by statutory 

definition, there would be no coverage. 

This office not having been furnished a specific fact 

situation regarding the particular working activities involved, 

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Mr. David P. Bell, page 5 (M-1142) 

we are unable to be more explicit in this opinion. 

SUMMARY 

If a part-time student working at The 

University of Texas, Texas A&M or Texas Tech 

under the provisions of the Federal College 

Work-Study Program is engaged in the type of 

activity that would classify him as a "workman" as that term is defined by the workmen's 

compensation statutes applicable to each institution, such student would be entitled to 

the benefits of workmen's compensation provided 

for by that institution. If the working duties 

of such student are excluded by statutory definition, there would be no coverage. 

yours, 

D C. MARTIN 

Prepared by Bill Campbell 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

John Banks 

Max Hamilton 

James Hackney 

S. J. Aronson 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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