December 9, 1971 

Honorable J. C. Dlngwall Opinion No.M-1014 

State Highway Engineer 

Texas Highway Department Re: To what extent are part-time 

Austin, Texas 78701 monthly and hourly employees 

of the Texas Highway Department entitled to fringe 

benefits, such as vacation, 

sick leave, hol'idays and 

Dear Mr. Dingwall: group Insurance? 

In your recent letter requesting an opinion you state 

the following: 

"There are certain categories of our work that 

can be efficiently performed by part-time employees. 

To benefit young people trying to get an education, 

we generally employ students to do this work, with 

usual time running about 20 hours per week. We 

have between two and three hundred In the various 

Districts and Divisions. 

"It has been our practice over the years to 

grant vacation time consistent with the Appropriation Bills on a percentage basls.for the time 

worked. We have not granted sick leave with pay, 

holidays with pay, nor does the Department participate in the Group Health Insurance premiums for this 

class of employee. Many of these part-time employees work irregular hours and work shifts. 

Regular full-time hourly employees are granted 

exactly the same benefits as those granted to 

regular full-time monthly employees. 

"We would like your advice as to the authority 

of the Department to follow such a policy. The 

wording In the last paragraph of Article V, Section 

6, page v-35, of S.B. 11 causes us some concern In 

this matter, as it pertains to paid holidays. The 

wording has been changed from previous Appropriation 

Bills." 

Section 1, subdlvislon f, of Article V of the General 

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. ’ 

Hon. J. C. Dingwall, page 2 (M-1014) 

Appropriation Act for the current fiscal 

62nd Leg.., R.S. 1971, as amended by S.B. 

Leg., at,p. V-30) reads as follows: 

year (S.B. 11, Acts 

7, 1st C.S. of the same 

"f . PART-TIME EMPLOYEES. Regular full-time 

positions paid out of funds appropriated for 

'salaries of classified positions' may also be 

filled by part-time employees. In computing 

the salaries of these employees, the rates of 

pay shall be proportional to the rates authorized for full-time classified employment. It Is 

further provided that part-time employees as 

described in this subsection shall be subdect to 

all of the provisions of this Section." (Emphasis 

added.) 

Section 1, subdivision g , of Article V of the Act reads: 

"g . HOURLY EMPLOYEES. It Is the Intent of the 

Legislature that hourly employees shall receive per 

hour rate Increases proportionate to those provided 

In this Act for full-time salaried classified employees." (at p. V-30). 

Subdivision c of Sec. 6 of Article V (p. V-34) reads, 

in its relevant portion: 

"Holidays for State employees for each year 

covered by this Act shall be only those specified 

as follows: . . . 

11 11 . . . 

We hold that this latter provision covers all State 

employees, Irrespective of whether they are regular full-time 

or part-time employees, both of whom are paid. out of the funds 

referred to in subdivision f (supra), or whether they are hourly 

wage workers as are specifically covered by the last paragraph 

of this subdivision c, which reads as follows: 

"Hourly wage workers shall receive the same 

hol%days, with pay, as that given employees on a 

regular monthly basis." (at P. V-35). 

Our opinion Is that the policy you have heretofore 

followed must be altered in view of Sec. 6, supra, to allow 

part-time employees the same holidays, with pay, as are given 

employees on a regular monthly basis. 

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Hon. J. C. Dingwall, page 3 (M-1014) 

SUMMARY 

The General Appropriation Act for the current 

fiscal year (S.B. 11, Act8 62nd Leg., R.S. 1971 , 

as amended by S.B. 7, 1st C.S. of the e::me Leg. 1 

authorizes the Texas Highway Department to grant 

vacation time consistent with the provisions of 

the Act on a percentage basis for the time worked; 

to grant regular full-time hourly employees the 

same benefits as those granted to regular fulltime monthly employees; and to give hourl$and 

part-time employees the same holidays, with pay, 

as those received by employees on a regular 

monthly basis. 4 

V&y truly yours, 

f !_;!!;,; -4 ‘A.7 (p: , , & ,;lz- 

“eRAWFC@&. MiiTIN 

Attordey ffeneral of Texas 

ti 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COUKITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

James Quick 

Ivan 'Williams 

Bob Lattlmore 

John Banks 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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