Hon. Charles L. Morris Opinion No. WW-1443 

Executive Director 

Veterans Affairs Commission Re: Whether Article 6252-4, 

Drawer 11, Capitol Station Vernon's Civil Statutes, 

Austin, Texas applies to employees of 

Independent and Common 

Dear Mr. Morris: School Districts. 

You request an opinion from this office as to whether 

Article 6252-4, Vernon's Civil Statutes, applies to teachers of 

Independent and Common School Districts and if not, is there any 

statutory provision that provides for teacher re-employment rights. 

Section 1, Article 6252-4, supra, reads as follows: 

"Any employee of the State of Texas, other 

than a temporary employee, an elected official 

or one serving under an appointment which requires confirmation by the Senate, who leaves 

his position in time of war or during the national emergency and enters the military, air 

or naval forces of the United States or other 

active Federal military duty or service by 

reason of Induction into the armed forces of 

the United States or in cOmpl,ianCe with orders 

to active Federal military duty, or enters 

service as a member of the Texas National Guard 

or Texas State Guard or as a member of any of 

the reserve components of the Armed Forces of 

the United States shall, if discharged, separated 

or released from such active military service 

under honorable conditions, be restored to employment In the same department, office, commission, 

board or other agency of the State constituting 

employment by the State of Texas, and to the same 

position held at the time of induction or order 

to active Federal or State military duty or service, or to a position of like seniority, status 

and pay If still physically and mentally qualified 

to perform the duties of such positlon." 
Hon. Charles L. Morri.s, page 2 (W- 1443) 

The first inquiry to be made is whether teachers employed by school districts are "any employee of the State of 

Texas" as that phrase is used in the statute. 

Article 2750a-2, Vernon's Civil Statutes, provides 

in part: 

"The board of trustees of any common school 

district or any district which Is classified as 

a common school district in this state shall, at 

all times, have the right to enter into contracts 

employing a superintendent, principals, teachers 

. . . 

Article 2781, Vernon's Civil Statutes, provides: 

"The Board of Trustees of any city or town 

or any independent school district may employ a 

superintendent, principal, teacher . . .' 

The above quoted statutes vest authority to employ 

teachers in the trustees of school districts. By such employment, teachers become employees of the school district rather 

than employees of the State of Texas. 

Next we must determine if school districts are agencies 

of the State of Texas. If they are, then It would follow that 

teachers employed by school districts are employees of the State. 

In 37-B, Tex.Jur., p. 114-116, Schools, Sec. 9, we 

find the following language: 

"School districts are quasi-public corporations. 

It Is said with reference to Independent school districts, that they are of the same general character 

as municipal corporations; In other words, 'quasimunicipal corporations,' which derive their power 

by delegation from the state." 

School districts are but subdivlslons of the State. 

Dupuy v. State, 121 S.W.2d, 1003 (Tex.Cr-lm. 1938). A school 

district "is a body politic and corporate, and may contract and 

be contracted with, sue and be sued, and, in Its limited sphere, 

is a local public corpozatlon of the same character as a munlc;- 

pal corporation. Frost v. Fowlerton Consolidated School 

Xrtrict No. 1, lli i.i.2d '(34 (Clv.App. 1937). 
Hon. Charles L. Morris, page 3 (WW-1443) 

In Hatcher v. State, 125 Tex. 84, 81 S.W.2d 499 (1935), 

we find the following Statement: 

"School districts, whether independent districts or common school districts, are not primarily agencies of the state, but they are local 

public corporations of the same general character 

as municipal corporations." 

Under the above authorities, we are of the opinion 

that school districts are not agencies of the State, but rather 

local political subdivisions, such as counties, cities, towns, 

flood control dlstrlcts and the like. 

A settled rule of statutory construction,". . .ls 

that words in common use, when contained in a statute, will be 

read tccordlng to their natural, ordinary and popular meaning. 

39 Tex.Jur.,p. 197-199, Statutes, Sec. 105, and cases 

th& cited. 

Common use is made of the phrase "employee of the 

State" and we feel that when used, its natural, ordinary and 

popular meaning does not Include teachers employed by school 

districts. 

In answer to your first question, we are of the opinion 

that Article 6252-4, supra, does not apply to teachers of Independent and Common School Districts. 

As. to your second question, a search of the statutes 

of the State of Texas falls to reveal any provision for teacher 

re-employment rlghts. 

SUMMARY 

Teachers employed by Independent and Common 

School Districts are not eligible for the reemployment rights granted employees of the State 

of Texas in Article 6252-4, Vernon's Civil Statutes. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

0LB:mkh 
Hon. Charles L. MorrLS, page 4 (W-1443) 

APPROVED: 

OPINION CONiXITTEE 

‘vJ. V. Geppert, Chairman 

7rank R. Booth 

L. P. Lollar 

Dudley McCalla 

Milton Richardson 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore