THEAII‘ORNEY GENERAL 

OFTEXAS 

AuwrIN, II. TEXAH 

October 18, 1957 

Honorable Henry Wade Opinion No. WW-283 

District Attorney 

Dallas, Texas Re: Can the employees of the 

Dallas City-County Department of Public Welfare be 

brought Into the County's 

Dear Mr. Wade: Retirement System? 

You have requested an opinion of this office on 

the following questions: 

"1 . Under the applicable 

constitutional provisions and laws, 

are full time employees of the Dallas 

City-County Department of Public Welfare employees of Dallas County actually full time employees of Dallas 

County? 

"2 . If the answer to the 

foregoing question is in the negative, 

are full time employees of the Dallas 

City-County Department of Public Welfare employees-of Dallas County 'in 

a position normally requiring not 

less than nine hundred (900) hours 

per year'? (There are about 1,980 

normal working hours In a year for 

these employees and 990 of these 

hours are paid for by County funds.) 

"3 . Is it legal for the employees of the Dallas City-County 

Department of Public Welfare to be 

brought into the Dallas County Retirement System on either the basis of 

(a) all of their pay, or (b) half of 

their pay? 

"4. Is it legal for employees 

of the Dallas City-County Department 

of Public Welfare to be brought into 
- 

Honorable Henry Wade, page 2 (W-283) 

the Retirement 

circumstances?" 

System under any 

Subdivision (b) of Section 62 of Article XVI of 

the Constitution of Texas provides: 

"(b) Each county shall have 

the right to provide for and administer 

a Retirement, Disability and Death 

Compensation Fund for the appointive 

officers and employees of the county; 

provided same is authorized by a 

majority vote of the qualified voters 

of such county and after such election 

has been advertised by being published in at least one newspaper of 

general circulation in said county 

once each week for four consec'utive 

weeks; . . .' 

The Constitution of Texas sets 'up a method by 

which counties may provide for a County Appointive Officers 

and Employees Retirement, Disability and Death Compensation 

Fund, and likewise there is a constitutional provision providing that incorporated cities of the State of Texas have 

the power and authority to provide a system of retirement. 

Section 51-e, Article III of the Constitution of 

the State of Texas provides: 

"See. 51-e e Each incorporated 

city and town in this State shall have 

the power and authority to provide a 

system of retirement and disability 

pensions for Its appointive officers 

and employees who have become disabled as a direct and proximate result of the performance of their 

d~uties, OP have passed their sixtyfifth birthday, or have been employed by such city or town for more 

than twenty-five (25) years and have 

passed their sixtieth birthday, when 

and if, b,ut only when and if, such 

system has been approved at an election by the qualified voters of such 

city or town entitled to vote on the 

question of issuance of tax supported 
Honorable Henry Wade, page 3 (WW-283) 

bonds; provided that no city or town 

shall contribute more than the equivalent of seven and one half (73) per 

centum of salaries and wages of the 

officers and employees entitled to 

participate in its pension system, 

and that said officers and employees 

shall contribute a like amount; and 

this Amendment shall not red,uce the 

authority nor duty of anx city or 

town otherwise existing. 

The Constitution provides that each city or county 

may provide for its employees a Benefit Retirement Program. 

However, there is no provision for a joint CityCounty employee retirement program. The Dallas City-County 

Department of Public Welfare is jointly controlled by the 

City Council and Commissioners' Court. The budget of this 

department is approved by the Commissioners' Court and by 

the City Council, and the city and county each pays half 

of the total cost for the Public Welfare Department's 

operation. The employees of the Dallas City-County Department of Public Welfare cannot be considered either county 

or city employees due to the reason that neither the City 

Council nor the Commissioners ' Court has complete supervision and control over the Department. 

If either the County authorities or City authorities were in complete control of the Public Welfare Department, then those employees engaged in rendering services in 

connection with the Department of Welfare would clearly come 

within the Retirement Benefits for City and/or County employees as set out in the Constitution. 

Therefore, it is our opinion that since there is 

no constitutional provision for a joint City-County employees retirement program, then the County has no authority 

to bring the employees of the Dallas City-County Department 

of Public Welfare into the County Retirement System. Hence, 

we answer questions 1, 2 and 3 in the negative. 

In reply to question 4, there is no way for the 

employees of the Dallas City-County Department of Public 

Welfare to be brought into the County Retirement System unless the Department of Public Welfare becomes solely controlled by the County governing authority. 
Honorable Henry Wade, page 4 (W-283) 

SUNMARY 

The Constitution of Texas 

provides for both County 

and City employee retirement benefits; however, 

there is no constitutional 

provision for employees who 

are supervised and employed 

by a joint City-County Agency, 

and, therefore, as long as 

there is joint control over 

this Department the employees 

of the Dallas City-County 

Department of Public Weltare 

are not eligible to be brought 

into the County Retirement Program. 

Yours very truly, 

WILL WILSON 

Attorney General of Tex.as 

LS:wam 

APPROVED: 

OPIWIOSU COHMITTEE 

Gee. P. Blackburn, Chairman 

Ralph R. Rash 

Houghton Brownlee 

BY 

Linward Shivers 

Assistant 

REVIEWED FOR THE ATTORNEY (IENERAL 

BY: James N. Ludlum