X%E A'ITORNEY GENERAL 

OF TEXAS 

Auwrm 11. TExAe 

PRICE DANIEL 

AiTORNEY GENERAL May 12, 1948 

Mr. Gordon H. Lloyd opinion No. v-570 

Executive Secretary 

Employees Retirement System Re: Eliglbillty of enAustin, Texas ployees of the San 

Jaclnto Museum of 

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 San Jacinto Museum 

of History Association are ell ible for 

membership with the Brployeea Sfetirement 

,System of Texas. These employees are engaged for the purpose of maintain1 and 

operating the San Jaclnto Memorial 3 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 .a Retirement, Disabilltg, and Death Corpensation Rnxlfor the aooolntive officers and ml Y s of the State; . .” 

WaP hasis a&ed’tgoughout) 

The Act 

carry Sectlon 62(a P 

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 mean any regularly anoointed officer or emulosee in 

a dewrtmsnt of. ,the State . . . 

“D, . 

of Texas. * 

‘Employer I shall mean the && 

We quote a part of Senate Concurrent Resolution No. 535 of the 50th Legislature: 

“Whereas, The San Jaclnto 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. 

1.8 of 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 

San Yaclnto Memorial Monument and Tower 

on the San Saclnso 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 San Jacinto Museum of Histora Association, whereby the care, custody and control of the 

San Jacinto Memorial Tower will be iven 

to and continue in the San Jacinto ii useum 

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 make no 

charge to the public for entering said; 

buildingor museum; and, be It further 

“Resolved, That said contract shall 

provide that the San Jacinto Museum of 

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 make a reasonable charge, 

approved by the Board of Control, for 

the use of the elevator to the observation floor of the Memorial Tower; . . .’ 

The agreement or contract between the Museum 

Association and the Board of Control provided, in part, 

as follows: 

“This Memorandum of 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 Museum of.History Assoaitttlonc 

as r0il0ws: . . :+ 

To be eligible to participate in the hployees 

Retirement System benefits, a person must be an entnl YW 

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 San Jac1nto Museum of 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 make the 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 San Jacinto 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. 

Yourm very truly, 

ATTORWWC GBEEEAL OF TEEA. 

CBK:mv