September 6, 1966

Ron. FrankM. Jackson Executive Secretary OpinionNo. C-749 Teacher Retirement System Austin, Texas Re: Whether employees of Regional EducationMedia Centers, createdpursuant to S.B. 408, Acts 59th Legislature,R.S., 1965, Ch. 448, p. 912, are eligible formembership in the TeacherRetirement System, and If so, is suchmembership required as a condition of emDear Sir: ploy-ment?

Two questions are submitted in your letter of August 18, 1966, which reads, in part, as follows:

"1

. Are employees of Regional Education Media Centers as createdby S.B. 408, 59th Texas Legislature,Regular Session, 1965, eligible formembership in the Teacher Retirement System of Texas? "2. If your answer to question 1 is In the affirmative,are employees of such Regional EducationMedia Centers required by law to be members of the Teacher Retlrement System of Texas as a condition of employment?" S.B. 408, Acts 59th Legislature,R.S., 1965, Ch. 448, p. 912, codified as Article 2654~3d, Vqrnon's Civil Statutes, authorizes the State Board of Education to provide for the establishment and a procedure for the operation of Regional Education Media Centers "toprovide educationmedia materials, equipment, maintenance thereof, and servicesto the pyblic free school districts of this statewho participate therein. Section 4. a. -3605-Ron. FrankM. Jackson, page 2, (C-7491

definesRegional EducationMedia Center to be "anarea center, composed of one OTmore entire Texas schooldistricts, that is approved /by the Central EducationAgency f to house, circulate and servileeducationalmedia for the publrc free schools of the districtswhich are participantmembers thereof.'

Each Center Is to be governed In its local administration by a RegionalMedia Board which is authorized to employ such personnel as necessary to carry out the functions of the C!e!e;r

and to pay suchpersonnelby warrants drawn on proper

. The StateBoard of Education is authorized to adopt uniform rules and regulations to provide for the local selection, appointment and continuity ofmembership for regional center boards. The costs in connectionwith the Centers is to be borne by the state and each participatingdistrict as provided in the Act, and the CentralEducationAgency la authorized to review the services of the Centers.

Section 48a, Article III, Texas Constitution,provides in part:

"Inaddition to the powers given to the Legislatureunder Section 48, Article III, it shallhave the right to levy taxes to establish a fund to provide retirement,disability and death benefits for persons schools, colleges and i&olly or partly by the State;
. added.) Subdivision 2, Section 1, Article 2922-l,Vernon's Civil StatutesCknotn as the Teachers Retirement Act, defines "public school as any educational institutionor organization In this State which under the laws of Texas are entitled to be supportedwholly or partly from public funds by the State of Texas or by any county, schooldistrict or othermunicipal corporatlon of the State of Texas." (Emphasisadded.) The Regional EducationMedia Centers are authorized for educationalpurposes and supportedby public funds, and the Regional Media Boards are, in a sense, agencies of the StateBoard of Education. Subdivision 6 of Section 1, Article 2922-l, defines 'employer"as "the State of Texas and any of Its designated agents or agencies with responsibilityand authority for public education, such as

. . .orsny other agency of and within the State by Thlch a person may be employed for service in public education.

The Centers fall within themeaning of "public school" as defined Board Is an

bx the Teachers'Retirement Act, and a RegionalMedia employer' as defined by the Act. If an employee of

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Hon. Frank M. Jackson, page 3, (C-749)

a Regional Education Media Center is a %eacher" or "auxiliary employee" as those terms are defined by the Teachers' Retirement Act, such employee is eligible formembership in the Teacher Retirement:System. Is a "teacher" If there is doubt as to whether an employee

or whether an employee Is an "auxiliaryemployee," the State Board of Trustees for the Teacher Retirement System has the authority to make the determinationpursuant to Subdivisions 3 and 4 of Section 1, Article 2922-l.

The answer to your first question being in the affirmative, your second question is also answered in the affirmative.

Subdivision 2(a), Section 3, Article 2922-1,Vernon's Civil Statutes,provides:

'Everyperson who on September 1, 1955 or thereafter shallbe employed as a teacher or as an auxiliary employee in any public school or in any other branch or unit of the public school system of this State, shallbecome a member of the Retirement System as a condition m employment." (Emphasisadded.) If the employee Is eligible as a 'teacher"or an "auxiliaryemployee',membership is required unless the employee is specificallyexempted by paragraphs (b) or (c) of Subdivision 2, Section 3, Article 2922-1. SUMMARY Employees of Regional Education Media Centers, createdpursuant to S.B. 408, Acts 59th Legislature, R.S., 1965, Ch. 448, p. 912, codified as Article 2654-3d, Vernon's Civil Statutes,who are 'teachers" "auxiliaryemployees" bo;the Teachers as those terms are defined

'Retirement Act, Article 2922-1, Vernon's Civil Statutes, are eligible formembership in the Teacher Retirement System, and such membership is required as a condition of employment unless such employees are otherwise exempted by the Teachers' Retirement Act.

RLT:mh:mkh Very truly yours, WAGGONER CARR

Robert L. Towery Assistant -3607-- .

Hon. Frank M. Jackson, page 4, (C-7&j

APPROVEDI OPINION COMMITTEE W. V. Geppert, Chairman Gordon Houser James McCoy Alan Minter Lewis Berry, Jr. APPROVED FOR THE ATTGRNm GENERAL BY: T. B. Wright

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