Case Information
*1 Honorable David Wade, M. D. Opinion No. M-1033 Commissioner
Texas Department of Mental Re: When are employee~s Health and Mental of Community Centers Retardation for Mental Health BOX 12668, Capitol Station and Mental Retarda- tion Services included Austin, Texas
within the coverage of the Texas Unemployment Compensation Act ef- fective January 1, 1972, and which Com- munity Centers are entitled to receive the exemption author- ized in Article 6675a-3(c), Vernon's Dear Dr. Wade: Civil Statutes.
In your reauest for an opinion from this office YOU refer to-the foilowing statutes:
Article 5547-203, Section 3.01(a), Vernon's Civil Statutes, which states in part:
"Local agencies which may establish and operate community centers are a county, a city, a hospital district, a school district, or any organizational combination of two (2) or more of these."
Article 6675a-3(c), Vernon's Civil Statutes, which states in part:
"Owners of motor vehicles, trailers and semi-trailers which are the property of and used exclusively in the service of the United States Government, the State of Texas, or any county, city, or school district thereof, shall apply annually to the department as provided *2 Honorable David Wade, M. D., page 2,
in Section 3-aa o,f this Act to register all such vehicles, but shall not be required to pay the registration fees here~in prescribed, provided that aff1davi.t is made at the time of registrat~inn by a person who has the
proper authority that such vehicles are the property of and used exclusively in the
service of ,the Unit.ed States Government,
the State of Texas, or a county, cfty, or school distr.ict thereof, as the case may be." You further state in your opinion reques,t:
"Twenty-one (21) Community Centers for Mental Health and Mental Retardation services have been established in this State by one or more of the aEoresa,id local agencies.
"Four (4) Community Centers for Mental Health and Mental Retardation services have been established in this State by one or
more of the aforesaid local agencies together with a State supported institution of higher education or a State supported medical school as authorized by a pre-existing law. (See H.B.3, 59th Le islature, .Regular Session
1965, Chapter 7s Article g ,. 3, Sect.ion 3.01(a), page 1;71),
"These Ccmmun:i~ty Centers employ and train pers~cnel to admi,nister their programs and services. Some of these Community Centers also have purchased mo~tor ,veh.icles .ta be used in prov.id.ing the,f,r servi,c*s, and those mo.tor vehicles are reg;i,stered :in .the name of the individual Community Cer~:t.er. "
You then r,eque:st our ~~pi,n.iu.~n on the following questions.
"I * Under what t:,i r,cumstane es ) if any, are the empl<,yees of Ci:!mmun,ity Centers for Mental Health and Mental Retardation services, established by those local agencies or any combination 'thereof, as heret'efore described, included within the coverage of the Texas Unempl.oyment Compensati.on Act, as amended,
-50’37 .’
Honorable David Wade, M. D., page 3,
effective January 1, 1972?
"2. Which Community Centers, if any, established by those local agencies or any combination thereof, as heretofore described, are entitled to receive the exemption author- ized in Texas Revised Civil Statutes Annotated Article 6675a-3(c)?"
Subsection (h) of Section 1 of Article 6959, Vernon's Civil Statutes, pertaining to Social Security coverage for county and municipal employees, provides:
"(h) The term political subdivision includes an instrumentality of the State,, of one or more of its political subdivisions, or of the State and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision."
Attorney General's Opinion No. M-149, 1967, states in part:
and mental retardation are political sub- II .Community Centers for mental health [6] divisions within the provisions of Section 1 of Article 695g, Vernon's Civil Statutes, and the employees of said political sub- divisions are entitled to social security coverage e "
It is the opinion of this office that the Community Cen- are "political subdivisions" as that term is used in the ters 'l'exas Unemployment Compensation Act, as amended, effective January 1, 1972, and that 'each Community Center is entitled to election of coverage as provided in Article 5221b-6(b)(3), Ve,rnon's Civil Statutes, which states in part:
“(3) A political subdivision of the State of Texas may voluntarily elect coverage for not less than .two (2) calendar years'and such election may be made with respect to (A) all
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llonorable 1,avl.d Wade, M. I)., page 'I,
services performed for the political sub-
division, or (B) all services performed
for all institutions of higher education
and all hospitals operated by the political subdivision, or (C) all services performed for one (1) or more separate parts or
divisions of the political subdivision;
and, if such election is made, the employer shall pay reimbursements for benefits as
provided in Section 7-A of this Act."
In State Highway Commission, et al. v. Harris Counte Flood Control Dist., et al., 247 S.W.2d 135 (Tex.Civ.App.
1952, error ref. n.r.e.) the court held that the Harris County Houston Ship Channel Navigation District and Harris County Flood Control District were political subdivisions but had their existence solely as agents of the State, and as agents of the State were relieved by Article 6675a-3 from the obli- gation to pay motor vehicle registration fees.
The Community Centers have their existence as agents of the State for providing mental health and mental retardation services and as such are entitled to the exemption as author- ized by Article 6675a-3.
SUMMARY Community Centers for Mental Health and Mental Retardation services are political
subdivisions as that term is used in the Texas Unemployment Compensation Act, as amended, effective January 1, 1972, and each Community Center is entitled to election of coverage as provided in Article 5221b-6(b)(3), V.C.S.
All of the Community Centers are entitled
to the exemption as authorized by Article
6675a-3, V.C.S.
Prepared by Michael E. Stork
Assistant Attorney General
Honorable David Wade, M. D., page 5,
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
Bill Allen, Co-Chairman
Harriet Burke
Gordon Cass
Austin Bray
James Quick
SAM McDaniel Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant