Hon. Charles L. Morris OpinionNo. WW-1443

Executive Director Veterans Affairs Commission Re: Whether Article 6252-4, Drawer 11, Capitol Station Vernon's Civil Statutes, Austin, Texas applies to employeesof Independentand 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 teachersof Independentand Common School Districts and if not, is there any statutoryprovision thatprovides for teacher re-employmentrights.

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 servingunder an appointmentwhich requires confirmationby the Senate, who leaves his position in time of war or during the national emergencyand enters themilitary, air or naval forces of theUnited States or other active Federal military duty or serviceby 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 componentsof the Armed Forces of theUnited 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 employmentby the State of Texas, and to the same positionheld 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 stillphysically and mentally qualified to perform the duties of suchpositlon."Hon. Charles L. Morri.s, page 2 (W- 1443)

The first inquiry to be made is whether teachers employed by school districtsare "any employee of the State of Texas" as thatphrase is used in the statute.

Article 2750a-2,Vernon's Civil Statutes,provides in part: "Theboard of trustees of any common school district or any districtwhich Is classifiedas 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: "TheBoard of Trustees of any city or town or any independent school district may employa superintendent,principal, teacher

. . .' The above quoted statutesvest authority to employ teachers in the trustees of school districts. By such employment, teachersbecome employees of the school district rather than employees of the State of Texas.

Next we must determine if school districtsare agencies of the State of Texas. If they are, then It would follow that teachers employedby school districts are employees of the State.

In 37-B, Tex.Jur., p. 114-116, Schools, Sec. 9, we find the following language:

"Schooldistricts are quasi-public corporations. It Is saidwith reference to Independent schooldistricts, 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 subdivlslonsof 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 contractedwith, sue and be sued, and, in Its limited sphere, is a local public corpozatlon of the same characteras a munlc;- pal corporation. Frost v. Fowlerton ConsolidatedSchool 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:

"Schooldistricts,whether independentdistricts or common school districts, are not primarily agencies of the state,but they are local public corporationsof 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 localpolitical subdivisions,such as counties, cities, towns, flood control dlstrlcts and the like.

A settled rule of statutory construction,".

. .ls thatwords 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 ismade of the phrase "employeeof the State" and we feel thatwhen used, its natural, ordinary and popular meaning does not Include teachers employedby school districts.In answer to your first question,we are of the opinion thatArticle 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 employedby Independentand 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:mkhHon. 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