January 17, 1975
The Honorable Dolph Briscoe Opinion No. H-497
Governor of Texas
State Capitol Re: Validity of proposed
Austin, Texas 78711 appropriation to the Teacher
Retirement System and to the
Employees Retirement System.
Dear Governor Briscoe:
You have requested our opinion concerning the constitutionality of
proposed legislation which would appropriate sums out of the General Revenue
Fund to the Employees Retirement System of Texas and the Teacher Retirement
System of Texas to fund increases in the retirement and other benefits of
currently retired members of those systems.
The Employees Retirement System was created under the authority of
article 16, section 62, of the Texas Constitution which provides in part:
The amount contributed by the state to such Fund shall
equal the amount paid for the same purpose from the
income of each such person, and shall not exceed at
any time six per centum (6%) of the compensation paid
to each such person by the state.
The Teacher Retirement System was created under the authority of
article 3, section 48a, of the Texas Constitution, which provides in part
that:
In addition to the powers given the Legislature under
Section 48, Article III, it shall have the right to levy
taxes to establish a fund to provide retirement, disability
and death benefits for persons employed in the public
schools, colleges and universities supported wholly or
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The Honorable Dolph Briscoe page 2 (H-497)
partly by the state: provided that the amount
contributed by the state to such fund each year
shall be equal to the aggregate amount required
by law to be paid into the fund by such employees,
and shall not exceed at any time six per centum
(6%) of the compensation paid each such person
by the state and/or school districts; . . .
Accordingly, the Legislature is free toappropriate such funds as it
desires to these&o retirement systems so long as those appropriations are
within the above referenced limits clearly established in the Constitution.
SUMMARY
The Legislature may appropriate funds to the
Employees Retirement System and to the Teacher
Retirement System but only to the extent that the
total antounts contributed by the State do not exceed
the limi :s imposed by article 16. section 62, and
article 3, section 48a of the Texas Constitution.
Very truly yours,
Attorney General of Texas
APPROVED:
. KENDALL, First Asristant
C. ROBERT HEATH. Chairman
Opinion Committee
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