## THE A-ITOWNEX- GENERAL OF' TEXAS

The Honorable Ron Jacknon Executive Director Texae YouthXouncil P.-..o.,.-Box~-9999 Amtin,-Texan 70766
**Dear** Mr..Jaakronr Opinion No."H- 829
h: Rnployment statue of teacherr tiployed~'by the Texan Youth'Council.

~~You:have.reque~ted ouropinion on,a **number** of questions regarding~,.the

atatua-of;teachere.exployedby the.'Texis,Youth Council. ,Youfirot:aek~whether ~ateacher employed-bythe Council is a state employee,.for,purpoees oftreceivingpay for accruedvacation time. Section 20 of article 51436, V.T,C.g.,~~theGuzt,creating the Texas,Youth,'Council;.,provides ink.-pertinentpart:" : ,.',

~. : -. 1.: .e, The;iYouth;Council ehall,:~froxtime ;totime, appoint,,a+euperintendent~bfor sach of raid~~rrchools-and.inetitutione, .,::and,~uponrthe-reomendation ,of.the. superintendent shall appoint all::other officials, chaplains, teachers, and ~employee8~required,~-at said schools-end', inmtitutiona-and'shall.pre8cribe.,thei,r duties, ,:,,

'.

. . .~ .

. ; ,. _:::+The

~.ialarierrjr-

oompeneation,'and'emolumenta,'. .:of ,the,rsuperilrtendenta:snd subordinates .,-ofPicial8,::~chere,' and employeee'Bhall:be 'fired~,a&provlded.by.the legislature;

p.3499The Honorable .RonJackson - page 2 CH-829) '

The current General AppropriationsAct, Acts 1975, 64th 743, art. V, S la, at 2849,provides: Leg., ch.

A state employeewho resigns, is

dismissed, **or** separated from State employment shall be entitled to'lbe ii;;u;r all vacation time duly

. InAttorney General Opinion H-775 (1976&fe held that teachers e@oyed by the Texas Youth Council a& state employees for.purpoeerofyreceiving pay for ,accumulatedrick leave. As we stated therein, there appears to be "no basis for drawing a distinction between teaching and.non-teaching personnel employed by the Texas Youth Council." This conclusion is ae.,applicable,;to payment for,vacationtime as -forleick,

leave..,.,:,In.~?ur,:iopinion,;: therefore,,-.a

Deacher'~,employed by,the.,,Texae,Youth.~Council iez-a~~etate:employee~~for purposes of receivingpay<.-for.:,accrued vacation time.: : i:,

,,, .:.~ I ,J',,,,' :' '..,.,

:. ~Younext,saekrwhether~a teacheremployed'.,byfthe Texas Youth Council accrues rights ,tovacatione,and:leavee'byvirtue of article 5, section 7 of the General Appropriations Act. The provieione;therein.,ae.to vacation and **sick** leave are applicable to.lemployees~ofthe~:State."' Thus? based on the reasoningofi~,Attorney-General,GpinionH-775;; webelieve that such a teacher accrue+righte to vacations and~leavee by virtue of article 5, section 7 of the Actd.~.i' '.I~:,

.~: ( :,, -, **~Your** third.quertion,iewhether teachere,employedby the Texas Youth+ouncil.are*eubject'to ,the~ .provieione of article 5, section 6 of the General Appropriations,~Act“regarding working houre and holidays. Secti.on6c of the Act prescribes certain,~holida~r.~~o~ ~~'f6,t&e

.employeee

,“.lbut .;excepte

employees of "agenciee~:~~f,,;hig~r. .&ducationand special~'rch&leunder the State Boar.d:qf,~duoation." r General AppropriationsAct, Acts 1975, 64th-~&egi~,.::ch.. :743i art: VI,,S6c, at 2849. The Education Code, ,whichprovides statutory authority for agencies of higher education and special schools under the State Board of Education, is specificallymade inapplicable "to the institutionsand activities of the Texas Youth Council." Education Code, S 1.04(b). It therefore seems clear that holidays for teachers employed by the Council must be the same as those provided for all other State

p. 3500The Honorable Son Jackson - page 3 (H-839)

employees subject to the provisions of article 5, section 6. We note, however, that article 5, section 6 permits agencies to require employees to work on a designated holiday if the continuing nature **of** agency operations so requires and if the employee receives compensating time off anotherday.
Section 6b **of** the Act requires that "agencies,"which clearly includes the Texas Youth Council,maintain the 8- hour day and 40-hourweek as provided in article 5165a, V.T.C.S. By the terms **of** that statute, state employeeswho are employed in the officee.of state departments or institutions or agenoiee,andwho are paid on a full-time salarybasis **are** required.towork 40 hours per week. It is ouropinion that teachers employed by the Texas Youth Council are subject to the provisions of article 5, section 6 of the General AppropriationsAct regardingworking hours and holidays.

You also ask whether a teacherwho transfers into a Texas Youth Council school from another school is entitled to take with him his sick leave benefits which accruedprior to transfer, as provided in section 13.904 of the Education Code. As noted above, the Education Code is not applicable 'to the institutionsand activities of the Texas Youth Council." As a result, it is apparent that a teacher traneferring into a Texas Youth Council school district from another school district is not entitled to transfer sick leave benefits in accordancewith section 13.904 of the Code.

SUMMARY

A teacher employed by the Texas Youth Council is a state employee for purposes **of** receiving pay for accrued vacation time. Such a teacher accrues rights to vacations and leaves by virtue **of** article.5, section 7 of the General AppropriationsAct, and is subject to the provisions of article 5, section 6 of the Act regardingworking hours and holidays.

**p. 3501** Teh Honorable Ron Jackson - page 4 (H-829)

A teacher transferring into a Council school district from another school district is not entitled to transfer sick leave benefits in accordancewith section 13.904 of the Education Code. /yery truly yours,

Attorney General **of** Texas

Opinion Committee jwb

p.3502