September 6, 1966 

Ron. Frank M. Jackson 

Executive Secretary 

Opinion No. C-749 

Teacher Retirement System 

Austin, Texas 

Re: Whether employees of 

Regional Education Media 

Centers, created pursuant 

to S.B. 408, Acts 59th 

Legislature, R.S., 1965, 

Ch. 448, p. 912, are 

eligible for membership 

in the Teacher Retirement 

System, and If so, is 

such membership 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 created by S.B. 408, 

59th Texas Legislature, Regular Session, 

1965, eligible for membership in the Teacher 

Retirement System of Texas? 

"2. If your answer to question 1 is 

In the affirmative, are employees of such 

Regional Education Media 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 "to provide education media materials, equipment, maintenance thereof, and services to the pyblic free school 

districts of this state who participate therein. Section 4. a. 

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Ron. Frank M. Jackson, page 2, (C-7491 

defines Regional Education Media Center to be "an area center, 

composed of one OT more entire Texas school districts, that is 

approved /by the Central Education Agency f to house, circulate 

and servile educational media for the publrc free schools of the 

districts which are participant members thereof.' 

Each Center Is to be governed In its local administration by a Regional Media Board which is authorized to employ 

such personnel as necessary to carry out the functions of the 

C!e!e;r and to pay such personnel by warrants drawn on proper 

. The State Board of Education is authorized to adopt 

uniform rules and regulations to provide for the local selection, 

appointment and continuity of membership for regional center 

boards. The costs in connection with the Centers is to be borne 

by the state and each participating district as provided in the 

Act, and the Central Education Agency la authorized to review 

the services of the Centers. 

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

"In addition to the powers given to the 

Legislature under Section 48, Article III, it 

shall have 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 StatutesC knotn as the Teachers Retirement Act, defines 

"public school as any educational institution or organization 

In this State which under the laws of Texas are entitled to be 

supported wholly or partly from public funds by the State of 

Texas or by any county, school district or other municipal corporatlon of the State of Texas." (Emphasis added.) The Regional 

Education Media Centers are authorized for educational purposes 

and supported by public funds , and the Regional Media Boards 

are, in a sense, agencies of the State Board 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 responsibility and authority for public education, such as 

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

The Centers fall within the meaning of "public school" 

as defined 

Board Is an 

bx the Teachers' Retirement Act, and a Regional Media 

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 for membership in the Teacher 

Retirement: System. 

Is a "teacher" 

If there is doubt as to whether an employee 

or whether an employee Is an "auxiliary employee," 

the State Board of Trustees for the Teacher Retirement System 

has the authority to make the determination pursuant 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: 

'Every person who on September 1, 1955 

or thereafter shall be 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, shall become a 

member of the Retirement System as a condition 

m employment." (Emphasis added.) 

If the employee Is eligible as a 'teacher" or an 

"auxiliary employee', membership is required unless the employee 

is specifically exempted by paragraphs (b) or (c) of Subdivision 

2, Section 3, Article 2922-1. 

SUMMARY 

Employees of Regional Education Media Centers, 

created pursuant 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" 

"auxiliary employees" 

bo; the Teachers 

as those terms are defined 

' Retirement Act, Article 2922-1, 

Vernon's Civil Statutes, are eligible for membership 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 

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- . 

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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