THEATI-ORNEYGENEEZAL
OFTEXAS
AUSTIN. TEXAS 78711
November 15, 1963
Honorable William H. Hunter Cninion NO. c-178
District Attorney
69th Judicial District Re: Construction of House Bill
Dalhart, Texas 3959 Acts 196& 58th Leg, p
R.S., Ch. 327, pa 857.
Dear Mr. Hunter:
We are in receipt of your request for opinion regarding
our construction of House Bill 395 of the 58th Legislature, codi-
fied as Article 6252-14 of Vernon’s Civil Statutes. The Commis-
sioners’ Court of Deaf Smith County is considering the establishment
of a retirement program for county employees age 65 and desires our
opinion in connection with House Bill 395.
House Bill 395 of the 58th Legislature states as follows:
“Section 1. It is hereby declared to be the
policy of the State of Texas that Do nerson shall
be denied the iaht to work, to earn a living, and
to support himielf and his family solely because of
&ggo
“Sec. 2. & agency, board, commission, depart-
ment, or institution of the government of the State
of Texas, nor any gplitical subdivision of the St-
citizen of this Stat: be denied employment by any such
agency, board, commission, department or institution
or any political subdivision of the State of Texas
solely because of age; provided. hovever. not,-
not aonlv to institutions of higher education with es-
tablished retirement rwoRramsqll (Emphasis added)
In Section 1 of the statute in question the Legislature
has declared it to be the policy of the State that no person shall
be refused employment solely because of age. Seetion 2 of the Act
places maximum and minimum limits on the State or it8 subdivisions
-872-
Hon. William H. Hunter, page 2 (C-178)
in using age alone as a basis for denial of employment. Since the
Commissioners~ Court of Deaf Smith County does not desire to place
the maximum age limit under sixty-five years of age, it is clear
that they may do so within the provisions of House Bill 395’. The
only restriction on the maximum age limit which they must consider
in the establishment of their retirement program 1s~ that the age
for conrnulsorg retirement cannot be under sixty-five years.
The CommissionersP Court of Deaf Smith County
may establish a retirement program for county em-
ployees as long as the age for compulsory retirement
is not under sixty-five years, Articie 6252-14,
V.C.S.
Yours very truly,
WAGGONER CARR
Attorney Gener
Fred D. Ward
F'DW:wb Assistant
APPROVEDs
OPINIONCOMMITTEE
W. V. Geppert, Chairman
Malcolm Quick
Mary K. Wall
James M. Strock
APPROVED
FOR THE ATTORNEY
GENERAL
BYs Stanton Stone
..