I 

The Attorney General of Texas 

JIM MATTOX 

.ttorney General 

December 27, 1984 

^uprame Cowl Suildkig 

0. Box 12548 

Ronorable Wilhelmina Delco 

Chairman 

“UstIn. TX. 78711.25uI 

512l4752SOl 

-ax 8 

alecopier 5 

1101874.13S7 

-121475-0285 

Aigher Education Coxmittee 

Texas House of Representatives 

P. 0. Box 2910 . 

Austin, Texas 78769 

Opinion No. m-273 

Re: Whether article 6813e. 

V.T.C.S., applies to a public 

junior college 

‘14 Jackson. Suite 700 

alla% TX. 75202.4506 

-141742.@44 Dear Representative D'elco: 

924 Alberta Ave., SUlt9 160 

,I Paso. TX. 799052793 

9151533-3484 

I*” # Texas. suite 700 

Hourion. TX. 77902.3111 

~13l2235884 

808 Broadway. Suite 312 

.ubboCk. TX. 79401.3479 

,061747-5238 

Xl9 N. Tenth. Suite B 

4cAllen. TX. 79SWlS95 

;12lS92-4517 

!oo MaIn PIUS. SUIC 400 

.j.n Antonio. TX. 792052797 

51212254191 

Article 6813e. V.T.C.S.. prohibits a "state governmental body" 

from making deductions from state officers' or employees' compensation 

unless the deduction is authorized by state law. This office has 

already concluded t!wlt "public community junior colleges," as defined 

by section 61.003. 'Poxas Education Code, are subject to this article. 

Attorney General Opinion RR-566 (1982). You ask vhether it also 

applies to a specific public junior college, Del Mar Junior College. 

We conclude that it does. 

Article 6813~. V.T.C.S.. provides the following: 

Section 1. In this Act, 'state governmental 

body' mearw: 

(1) a-board, commission. department, office, 

or other .y{ency that is in the executive branch of 

state goynment and that was created by the 

constitut$n or.a statute of the state, including 

an institution of higher education as defined by 

Section 6L.003, Texas Education Code, as amended; 

An Equal Oppoftuniiyl 

Alfirmatlve Action Employer 

(2) th,e legislature or a legislative agency; 

or 

(3) the Supreme Court, the Court of Criminal 

Appeals, s court of civil appeals, or the State 

Bar of Texas or another state judicial agency. 

Sec. 2. A state governmental body may not make 

a deduction from the compensation paid to an 

p. 1216 
Honorable Wilhelmina Delco - Pa@c 2 (a-273) 

officer or employee whose compensation is paid in 

full or in part ,from stats funds unless the 

deduction is authorized by law. (Emphasis added). 

In Attorney General 0pin:ion MU-566 (1982). this office looked 

first to the definition of %tate governmental body” and noted that 

section 61.003 of the Texas Kducation Code defines “institution of 

higher education” to include “any public junior college.” The opinion 

then stated that “[alrticle Ml13e therefore applies to officers and 

employees of public conmunitJ, junior colleges whose compensation is 

paid in full or part from et.ste funds.” You suggest that Del Mar 

Junior College is an exception for two reasons: first, you claim that 

Del Mar Junior College is not in the executive branch and therefore 

does not fall within the subwction (1) definition of “governmental 

body”; second, you claim that Del Mar Junior College was not “created 

by the constitution or a statute of the state” and therefore does not 

fall within subsection (1). $fe! disagree. 

First, this office has rcyleatedly held that state institutions of 

higher education are part oli the executive branch for purposes of 

article II, section 1 of thd! Texas Constitution, the separation of 

powers provision. We know of no reason why we should not so hold in 

this instance. You have n,ot suggested any reason why state 

institutions of higher education as a class or Del Mar Junior College 

in particuler should not be: so regarded for purposes of section 

61.003, Texas Education Code. See, e.g., Letters Advisory Nos. 4, 20. 

23. 30, and 55 (1973). Second. you apparently construe the phrase 

“that was created by the constitution or a statute of the state” to 

require that the institution be expressly crested or established by a 

specific constitutional prov:laion or a specific special law. See, 

s, article VII. section 10 of the Texas Constitution (directing the 

legislature to establish the University of Texas). You assert that 

Del Mar Junior College was founded in 1935 under the control of the 

Corpus Christ1 Independent School District. However. we construe the 

phrase “created by . . . a statute of the state” to mean created by z 

under the authority of a stat:ute of the state. And Del Mar Junior 

College was created under the authority of s statute of the state 

which permitted independent school districts to create an independent 

school district junior colleg?, See Acts 1929. 41st Leg., ch. 290, I1 

at 648, amended Acts 1947. 5Csth Leg.. ch. 303, I1 at 513 (codified as 

nov-repealed V.T.C.S. art. 2ElSh. $01, l(a)). See also Attorney 

General Opinions M-851 (1971); O-4573 (1942). 

Accordingly, we conclude .ehat article 6813e. V.T.C.S., does apply 

to Del Mar Junior College. 

p. 1217 
. 

Honorable Wilhclmina Delco - F'age 3 (JM-273) 

Article 6813e. V.T.C.S., applies to Del Mar 

Junior College 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney 'Zenera 

RICK GILPIN 

Chairman, Opinion Coarmittee 

Prepared by Jim Moellinger 

Assistant Attorney General 

APPROVED: 

OPINION CORMITTEE 

Rick Gilpin. Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Hoellinger 

Jennifer Riggs 

p. 1218