Case Information

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The Attorney General of Texas December 27, 1984 JIM MATTOX

.ttorney General ^uprame Cowl Suildkig -ax 8 512l4752SOl “UstIn. TX. 78711.25uI alecopier 5 ^[12548] 0. Box 1101874.13S7 -121475-0285 Chairman Aigher Education Coxmittee Austin, Texas P. 0. Box 2910 Texas House of Representatives Ronorable Wilhelmina Delco 78769 Re: Whether article Opinion No. m-273 V.T.C.S., college applies to a public 6813e. ‘14 Jackson. Suite 700 alla% TX. 75202.4506 -141742.@44 Dear Representative D'elco:

Article 6813e. V.T.C.S.. prohibits a "state governmental body" 924 Alberta Ave., SUlt9 160 from making deductions from state officers' or employees' compensation ,I Paso. TX. 799052793

9151533-3484 unless the deduction by state law. This office has already concluded t!wlt "public community colleges," as defined by section 61.003. 'Poxas Education Code, are subject to this article. I*” # Texas. suite 700 Attorney General Opinion RR-566 (1982). You ask vhether it also Hourion. TX. 77902.3111 to a specific public college, Del Mar Junior College. ~13l2235884 We conclude it does. 808 Broadway. Suite 312 6813~. V.T.C.S.. provides the following: .ubboCk. TX. 79401.3479 ,061747-5238 Section 1. In this Act, 'state governmental

body' mearw: Xl9 N. Tenth. Suite B 4cAllen. TX. 79SWlS95 (1) a-board, commission. department, office, ;12lS92-4517 or other .y{ency that branch of goynment that was created by .j.n Antonio. TX. 792052797 ^{[51212254191]} !oo MaIn PIUS. SUIC 400 an institution Section 6L.003, Texas Education Code, as amended; constitut$n or.a statute of the state, as defined by including (2) th,e legislature or a legislative agency; An Equal Oppoftuniiyl Alfirmatlve Action Employer or

(3) the Supreme Court, the Court of Criminal Appeals, s court of civil appeals, the State Bar of Texas or another judicial agency. Sec. 2. A state body may not make a deduction from the compensation to an *2 Honorable Wilhelmina Delco - Pa@c 2 (a-273)

officer or employee whose compensation is paid in full in part ,from stats funds unless the deduction by law. (Emphasis added).

In Attorney General 0pin:ion MU-566 (1982). this office looked first to the definition of %tate body” and noted that section 61.003 of the Texas Kducation Code defines “institution of higher education” to include “any public college.” The opinion then stated that “[alrticle Ml13e therefore to officers employees of public conmunitJ, colleges whose compensation in full or part from et.ste funds.” You suggest that Del Mar is an exception for two reasons: first, you claim that Del Mar Junior College is not 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 reason why any institutions 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 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 which permitted independent school districts to create an independent school district 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 does apply to Del Mar Junior College.

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

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