## X%E A'ITORNEY GENERAL OF TEXAS
Auwrm 11.TExAe PRICE DANIEL AiTORNEYGENERAL May12, 

## 1948

Mr. Gordon H. Lloyd opinion No. v-570 Executive Secretary Employees Retirement System Re: Eliglbillty of enAustin, Texas ployees of the San Jaclnto Museumof History Association to be members of the Bmployees Retirement System of Texas. Dear hr. Lloyd:

Your request for an opinion of this department ij as follows:

“iPlease adv$.se if, in your opinion, the employees of the SanJacinto Museum of History Association are ell ible for membership with the Brployeea Sfetirement ,Systemof Texas. These employees are engaged for the purpose of maintain1 and operating the SanJaclnto Memorial3 onument and Museum.” Section 62(a) of Article 16 of the State Constitution provides, in part, that:

‘The Lsgislaturs shall have the right’ to levy taxes to provide .aRetirement, Disabilltg, and Death Corpensation Rnxlfor the aooolntive officers and ml Y s of the State;

. .” WaP hasis a&ed’tgoughout) TheAct carry Sectlon 62(aP assed by the 50th Legislature to of Article 16 of the Constitution into effect Is codified in Vernon’s’Clvll Statutes a8 Article 622%. The following are pertinent provisions of that Act:

“Section 1

. . .

“B

. ‘Department’ sF;;trtan any denartment commlsslon. i s Ion. oy- -_-

b. Gordon H. Lloyd, page 2 (w-570)

atzency of the State Goknment.

“‘2. ‘&gployee t rhall meanany regularly anoointed officer or emulosee in a dewrtmsnt of. ,the State

. . .

“D,

. of Texas. * ‘Employer I shall meanthe &&
Wequote a part of Senate Concurrent Resolution No. 535 of the 50th Legislature:

“Whereas, The SanJaclnto Museum of Hlstorv Association. an ornanization of patriotic Texans, under ooikract with the Board of. Control entered into pursuant to Senate Concurrent Resolution Ro. 21 of the 46th Lenlslature, and also DUFsuant to ,Senate CkcurrentVRedolutlon‘Ro. 1.8of the 47th Legislature, and also pursuant to Senate Conc,urrent Resolution No. 4, passed by the Regular Seasion of the 49th LegiaLature oft Texas in 1945, has had the oare, cuetody and control of the SanYaclnto Memorial Monumentand Tower on the SanSaclnso Battlefield l inoe the memorial bower was opened generally to the public on April 21, 1939; ,has maintained and operated the same; and the elevator therein, and the muse- in the base thereof, with funds raised by public subscription **making** a small charge for the use of the elevator and the,sale of souvenlrs,in and about aaid Memorial Tower, all without cost or e,x@enss to the State of Texar; and

. . .

“Resolved, By the Senate and House of Reuresentatives concurring. that the State Board of Control be authorized to enter into a contract with the SanJacinto Museumof Histora Association, whereby the care, custody and control of the SanJacinto Memorial Tower will be iven to and continue in the SanJacinto iiuseum of History.Assooiation until otherwise provided by the Legislature, to be maintalned in good order by said Association without charge to the btate of Texas,-..
-- z

Mr. Gordon H. Lloyd, page 3’ (v-570)

and requiring the Association to makeno charge to the public for entering said; buildingor museum;and, be It further

“Resolved, That said contract shall provide that the SanJacinto Museumof History Association, sub&ot to the approval of the Board of Control, shall have authority to sell souvenirs and operate a concession in and about said building and to makea reasonable charge, approved by the Board of Control, for the use of the elevator to the observation floor of the Memorial Tower;

. . .’ Theagreement or contract between the Museum Association and the Board of Control provided, in part, as follows:

“This Memorandumof Agreement made

“Whereas, the 50th Legislature, by Senate Concurrent Resolution Ro. 35, authorized the State Board of Control to enter Into ‘a contract with.thg San Jac1nt.o Museumof.History Assoaitttlonc as r0il0ws:

. . :+ Tobe eligible to participate in the hployees Retirement System benefits, a person must be an entnlYW of the State of Texas. “Employee” has been defined ion the Retirement Act as ‘any regularly appointed officer or emvloyee in a deoartment of the State

. .” “Department” has been defined in the Act as ‘any de artment commission, institution or agency of the State-: Clearly, the SanJac1nto Museumof El Association is not a department within the provisiox$?Artiole 6228a. It Is a corporation incorporated under the laws of our State. The employees of the Association are not employees of the State but of the Association itself, The contract between the Association and the State Board of Control,Mr. Gordon H. Lloyd, page 4 (V-570)

entered into pumuant to authority given in Senate Concurrent Resolution Ro. 35 of the 50th Legislature, does not makethe employees of the Association employees of the Board of Control.

They are hot eligible, therefore, for membership in the Employees Retirement 8ysten.

Employees of the SanJacinto Museum of History Association are not employees of the State and therafore are not eliglble for membership in the $mployees Retirement 8ysten of Texas under the provisions of the present Act, Art, 622&, V. c. s. Yourmvery truly, ATTORWWC

GBEEEAL

OFTEEA.

CBK:mv