, . 

The Attorney General of Texas 

December 28, 1978 

JOHN L. HILL 

Attorney General 

Honorable Oscar H. Mauzy 

State Senatorial District 23 

Texas State Senate 

Austin, Texas 

Opinion No. H- 1313 

Re: Authority of a school 

district to assist teachers called 

before a hearing committee of 

the Professional Practices Commission. 

Dear Senator Mauzy: 

You have requested our opinion regarding the authority of a school 

district to assist teachers called before a Hearing Committee of the 

Professional Practices Commission. The Commission is a board composed of 

15 members appointed by the Governor and “selected from the several 

professional groups.” Sections 13.203, 13.205, Texas Education Code. The 

Commission is authorized, inter alia, to receive complaints against teachers, 

administrators and other professionals for alleged violation of the ‘code of 

ethics and standard practices”; to hold hearings thereon; and to present its 

recommendations to the Commissioner of Education, who makes the 

determination. You first ask whether a school district is required to deduct 

paid leave for an employee called as a witness before the Commission. 

Article 5, section 2d of the 1977-79 General Appropriations Act 

provides, in pertinent part: 

None of the moneys appropriated under this Act 

shall be used for the payment of salaries to any 

employee who accepts witness fees in contravention of 

the following provisions: 

Any state official or employee called to appear in 

his official capacity in any judicial action or legislative investigation shall neither accept nor receive any 

witness fees for such a governmental appearance; 

p. 5167 
Honorable Oscar H. Mauxy - Page 2 (R-1313) 

Rut if the appearance as a witness is not in an official 

capacity but is to testify from personal knowledge concerning 

matters related to the inquiry, then such employee or official 

shall be entitled to any customary witness fees; 

And any state employee or official appearing as an expert 

witness shall be entitled to accept compensation for his 

appearance only when such appearance shall be made on his 

own time; . . . . 

General Appropriations Act, Acts 1975, 65th Leg., ch. 872, art. V, S2d, at 3142. These 

provisions clearly imply that an employee who does not accept a witness fee may be paid 

his regular salary during his appearance before a committee of the Commission, and that 

even an employee who accepts a witness fee may be paid his regular salary so long as his 

“appearance as a witness is not in an official capacity but is to testify from personal 

knowledge concerning matters related to the inquiry.” Even though this provision of the 

Appropriations Act may not apply to teachers, we believe it expresses the public policy 

determined by the Legislature, and accordingly a school district would be able to act in a 

manner which is consistent with this policy. Thus, within the limitations described, we do 

not believe that a school district is required to deduct paid leave for an employee called 

before the Commission or its subordinate body. 

You also ask whether a school district may pay the attorney’s fees before the 

Commission for an employee against whom a complaint is brought. In Attorney General 

Opinion H-887 (19761, we held that a city council may pay the attorney’s fees for an 

officer or employee who is sued in his individual capacity, provided it believes that the 

city’s legitimate interests - and not merely the personal interests of the employee - are 

at stake in the action. The propriety of such expenditure of public funds depends upon the 

governing body’s good faith belief that vital public interests are at issue. Attorney 

General Opinions H-544 (1975); H-70 (1973); Letter Advisory No. 24 (1973). Since you have 

not presented us with a particular factual situation, we are unable to answer more 

specifically. 

Your final question is whether a school district may unilaterally release personnel 

files of either party to either attorney in a hearing before the Commission. A school 

district is not a party to such a hearing, and we are not aware of any specific statute 

requiring the district to furnish information to the parties. The Open Records Act, article 

6252-17a, V.T.C.S., does not generally prohibit the release of government records. Open 

Records Decision No. 177 (1977). Any document should be reviewed to determine if it 

would fall within the exception set out in section 3(a)(l) of the Act. If it does fall within 

that exception it should not be released. Without having an opportunity to examine the 

specific material we cannot say whether it falls within the exception. 

P. 5168 
Honorable Oscar H. Mauzy - Page 3 ( H- 13 13 ) 

SUMMARY 

Within certain limitations, a school district is not required to 

deduct paid leave for an employee called before a hearing 

committee of the Professional Practices Commission. Whether a school district may pay the attorney’s fees before the 

commission for an employee against whom a complaint is filed 

depends upon whether the board of trustees believes in good 

faith that the district’s legitimate interests are at stake. 

Attorney General of Texas 

Opinion Committee 

p. 5169