I
The Attorney General of Texas
JIM MATTOX
December 27, 1984
.ttorney General
^uprame Cowl Suildkig
Ronorable Wilhelmina Delco Opinion No. m-273
0. Box12548 Chairman
“UstIn. TX. 78711.25uI Aigher Education Coxmittee Re: Whether article 6813e.
512l4752SOl Texas House of Representatives V.T.C.S., applies to a public
-ax 81101874.13S7 P. 0. Box 2910 . junior college
alecopier 5-121475-0285
Austin, Texas 78769
‘14 Jackson. Suite 700
alla% TX. 75202.4506
-141742.@44
Dear Representative D'elco:
924 Alberta Ave., SUlt9 160 Article 6813e. V.T.C.S.. prohibits a "state governmental body"
,I Paso. TX. 799052793 from making deductions from state officers' or employees' compensation
9151533-3484 unless the deduction is authorized by state law. This office has
already concluded t!wlt "public community junior colleges," as defined
I*” # Texas. suite 700
by section 61.003. 'Poxas Education Code, are subject to this article.
Hourion. TX. 77902.3111 Attorney General Opinion RR-566 (1982). You ask vhether it also
~13l2235884 applies to a specific public junior college, Del Mar Junior College.
We conclude that it does.
808 Broadway. Suite 312
.ubboCk. TX. 79401.3479
Article 6813~. V.T.C.S.. provides the following:
,061747-5238
Section 1. In this Act, 'state governmental
body' mearw:
Xl9 N. Tenth. Suite B
4cAllen. TX. 79SWlS95
;12lS92-4517
(1) a-board, commission. department, office,
or other .y{ency that is in the executive branch of
state goynment and that was created by the
!oo MaIn PIUS. SUIC 400 constitut$n or.a statute of the state, including
.j.n Antonio. TX. 792052797
an institution of higher education as defined by
51212254191
Section 6L.003, Texas Education Code, as amended;
An Equal Oppoftuniiyl (2) th,e legislature or a legislative agency;
Alfirmatlve Action Employer or
(3) the Supreme Court, the Court of Criminal
Appeals, s court of civil appeals, or the State
Bar of Texas or another state judicial agency.
Sec. 2. A state governmental body may not make
a deduction from the compensation paid to an
p. 1216
Honorable Wilhelmina Delco - Pa@c 2 (a-273)
officer or employee whose compensation is paid in
full or in part ,from stats funds unless the
deduction is authorized by law. (Emphasis added).
In Attorney General 0pin:ion MU-566 (1982). this office looked
first to the definition of %tate governmental body” and noted that
section 61.003 of the Texas Kducation Code defines “institution of
higher education” to include “any public junior college.” The opinion
then stated that “[alrticle Ml13e therefore applies to officers and
employees of public conmunitJ, junior colleges whose compensation is
paid in full or part from et.ste funds.” You suggest that Del Mar
Junior College is an exception for two reasons: first, you claim that
Del Mar Junior College is not in the executive 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 any reason why state
institutions of higher education 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 that
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 the state
which permitted independent school districts to create an independent
school district junior 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 6813e. V.T.C.S., does apply
to Del Mar Junior College.
p. 1217
.
Honorable Wilhclmina Delco - F'age 3 (JM-273)
Article 6813e. V.T.C.S., applies to Del Mar
Junior College
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney 'Zenera
RICK GILPIN
Chairman, Opinion Coarmittee
Prepared by Jim Moellinger
Assistant Attorney General
APPROVED:
OPINIONCORMITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Hoellinger
Jennifer Riggs
p. 1218