I



# TheAttorney General of

# Texas

JIM MATTOX .ttorney General December 27, 1984

^uprame Cowl Suildkig 0.Box12548 Ronorable Wilhelmina Delco Chairman “UstIn. TX. 78711.25uI 512l4752SOl -ax 8 alecopier5 1101874.13S7 -121475-0285 Aigher Education Coxmittee

Texas House of Representatives P. 0. Box2910

. 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:

924Alberta 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

!ooMaIn PIUS. SUIC 400 .j.n Antonio. TX. 792052797 51212254191 Article 6813e. V.T.C.S.. prohibits a "state governmental body" frommaking deductions fromstate 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. 'PoxasEducation 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 MarJunior College. Weconclude 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 BarofTexas or another state judicial agency. Sec. 2. Astate governmental body maynot make a deduction from the compensation paid to an

p. 1216Honorable Wilhelmina Delco - Pa@c2 (a-273)

officer or employee whose compensation is paid in full or in part ,from stats funds unless the deduction is authorized bylaw. (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 “anypublic junior college.” Theopinion 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 anexception for tworeasons: first, you claim that Del MarJunior 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 MarJunior College was not “created by the constitution or astatute 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. Weknowof no reason whyweshould not so hold in this instance. You have n,ot suggested any reason why state institutions of higher education as aclass or Del MarJunior 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 bya specific constitutional prov:laion or a specific special law. See, s, article VII. section 10of the Texas Constitution (directing the legislature to establish the University of Texas). You assert that Del MarJunior College was founded in 1935 under the control of the Corpus Christ1 Independent School District. However. we construe the phrase “created by

. . . astatute of the state” to meancreated byz under the authority of a stat:ute of the state. AndDel MarJunior 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?, SeeActs 1929. 41st Leg., ch. 290, I1 at 648, amendedActs 1947. 5CsthLeg.. 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, weconclude .ehatarticle 6813e. V.T.C.S., does apply to Del MarJunior College.

p. 1217. Honorable Wilhclmina Delco - F'age3 (JM-273)

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

Attorney General of Texas TOM GREEN First Assistant Attorney General DAVIDR.RICHARDS Executive Assistant Attorney 'Zenera RICKGILPIN Chairman, Opinion Coarmittee Prepared byJimMoellinger Assistant Attorney General APPROVED: OPINION

CORMITTEE Rick Gilpin. Chairman Colin Carl Susan Garrison TonyGuillory JimHoellinger Jennifer Riggs

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