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.exployed by the.'Texis,Youth 

Council. ,You firot:aek ~whether ~a teacher employed-bythe 

Council is a state employee,.for,purpoees oft receiving pay 

for accrued vacation 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 

;to time, 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 ~.ialarierr jr- oompeneation, 'and 'emolumenta ,'. 

.:of ,the,rsuperilrtendenta:snd subordinates 

.,-ofPicial8,::~chere,' and employeee'Bhall:be 

'fired ~,a&provlded.by .the legislature; 

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

The current General Appropriations Act, Acts 1975, 64th 

Leg., ch. 743, art. V, S la, at 2849, provides: 

A state employee who 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.purpoeer ofyreceiving pay for ,accumulated rick 

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 receiving pay<.-for.:,accrued vacation time.: : i:, 

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

~You next,saekrwhether~a teacheremployed'.,byfthe Texas 

Youth Council accrues rights ,to vacatione,and:leavee'by virtue 

of article 5, section 7 of the General Appropriations Act. 

The provieione;therein.,ae.to vacation and sick leave are 

applicable to.lemployees~of the~:State."' Thus? based on the 

reasoning ofi~,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,ie whether teachere,employed by 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.on 6c of the Act prescribes 

certain,~holida~r.~~o~ ~~'f6,t&e .employeee ,“.lbut .;excepte employees 

of "agenciee~:~~f,,;hig~r. .&ducationand special~'rch&le under 

the State Boar.d:qf,~duoation." rGeneral Appropriations Act, 

Acts 1975, 64th-~&egi~,.::ch..:743i art: VI, ,S 6c, at 2849. The 

Education Code, ,which provides statutory authority for 

agencies of higher education and special schools under the 

State Board of Education, is specifically made inapplicable 

"to the institutions and 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. 3500 
The 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 another day. 

Section 6b of the Act requires that "agencies," which 

clearly includes the Texas Youth Council, maintain the 8- 

hour day and 40-hour week as provided in article 5165a, 

V.T.C.S. By the terms of that statute, state employees who 

are employed in the officee.of state departments or institutions 

or agenoiee,and who are paid on a full-time salary basis are 

required.to work 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 Appropriations Act regarding working hours and holidays. 

You also ask whether a teacher who transfers into a 

Texas Youth Council school from another school is entitled 

to take with him his sick leave benefits which accrued prior 

to transfer, as provided in section 13.904 of the Education 

Code. As noted above, the Education Code is not applicable 

'to the institutions and 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 accordance with 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 

Appropriations Act, and is subject to the 

provisions of article 5, section 6 of the 

Act regarding working 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 accordance with section 13.904 of the 

Education Code. 

/yery truly yours, 

Attorney General of Texas 

Opinion Committee 

jwb 

p. 3502