Untitled Texas Attorney General Opinion

X%E A'ITORNEY GENERAL OF TEXAS Auwrm 11. TExAe PRICE DANIEL AiTORNEY GENERAL May 12, 1948 Mr. Gordon H. Lloyd opinion No. v-570 Executive Secretary Employees Retirement System Re: Eliglbillty of en- Austin, Texas ployees of the San Jaclnto Museum of History Association to be members of the Bmployees Retirement System of Texas. Dear hr. Lloyd: Your request for an opinion of this department ij as follows: “iPlease adv$.se if, in your opinion, the employees of the San Jacinto Museum of History Association are ell ible for membership with the Brployeea Sfetirement ,System of Texas. These employees are en- gaged for the purpose of maintain1 and operating the San Jaclnto Memorial 3 onu- ment and Museum.” Section 62(a) of Article 16 of the State Con- stitution provides, in part, that: ‘The Lsgislaturs shall have the right’ to levy taxes to provide .a Re- tirement, Disabilltg, and Death Cor- pensation Rnxlfor the aooolntive of- ficers and ml Y s of the State; . .” WaPhasis a&ed’tgoughout) The Act assed by the 50th Legislature to carry Sectlon 62(a P of Article 16 of the Constitution into effect Is codified in Vernon’s’Clvll Statutes a8 Article 622%. The following are pertinent provisions of that Act: “Section 1 . . . “B . ‘Department’ sF;;trtan any denartment commlsslon. i s Ion. oy - -_- b. Gordon H. Lloyd, page 2 (w-570) atzency of the State Goknment. “‘2. ‘&gployee t rhall mean any re- gularly anoointed officer or emulosee in a dewrtmsnt of. ,the State . . . “D, . ‘Employer I shall mean the && of Texas. * We quote a part of Senate Concurrent Resolu- tion No. 535 of the 50th Legislature: “Whereas, The San Jaclnto Museum of Hlstorv Association. an ornanization of patriotic Texans, under ooikract with the Board of. Control entered into pursu- ant to Senate Concurrent Resolution Ro. 21 of the 46th Lenlslature, and also DUF- suant to ,Senate CkcurrentVRedolutlon‘Ro. 1.8 of the 47th Legislature, and also pur- suant to Senate Conc,urrent Resolution No. 4, passed by the Regular Seasion of the 49th LegiaLature oft Texas in 1945, has had the oare, cuetody and control of the San Yaclnto Memorial Monument and Tower on the San Saclnso Battlefield linoe the memorial bower was opened generally to the public on April 21, 1939; ,has main- tained and operated the same; and the elevator therein, and the muse- in the base thereof, with funds raised by pub- lic subscription making a small charge for the use of the elevator and the,sale of souvenlrs,in and about aaid Memorial Tower, all without cost or e,x@enss to the State of Texar; and . . . “Resolved, By the Senate and House of Reuresentatives concurring. that the State Board of Control be authorized to enter into a contract with the San Jacin- to Museum of Histora Association, where- by the care, custody and control of the San Jacinto Memorial Tower will be iven to and continue in the San Jacinto iiuseum of History.Assooiation until otherwise provided by the Legislature, to be main- talned in good order by said Association without charge to the btate of Texas, -.. -- z Mr. Gordon H. Lloyd, page 3’ (v-570) and requiring the Association to make no charge to the public for entering said; buildingor museum; and, be It further “Resolved, That said contract shall provide that the San Jacinto Museum of History Association, sub&ot to the ap- proval of the Board of Control, shall have authority to sell souvenirs and operate a concession in and about said building and to make a reasonable charge, approved by the Board of Control, for the use of the elevator to the observa- tion floor of the Memorial Tower; . . .’ The agreement or contract between the Museum Association and the Board of Control provided, in part, as follows: “This Memorandumof Agreement made “Whereas, the 50th Legislature, by Senate Concurrent Resolution Ro. 35, authorized the State Board of Control to enter Into ‘a contract with.thg San Jac1nt.o Museum of.History Assoaitttlonc as r0il0ws: . . :+ To be eligible to participate in the hployees Retirement System benefits, a person must be an entnl YW of the State of Texas. “Employee” has been defined ion the Retirement Act as ‘any regularly appointed officer or emvloyee in a deoartment of the State . .” “De- partment” has been defined in the Act as ‘any de artment commission, institution or agency of the State-: Clearly, the San Jac1nto Museum of El Association is not a department within the provisiox$?Artiole 6228a. It Is a corporation incorporated under the laws of our State. The employees of the Association are not employees of the State but of the Association itself, The contract between the Association and the State Board of Control, Mr. Gordon H. Lloyd, page 4 (V-570) entered into pumuant to authority given in Senate Con- current Resolution Ro. 35 of the 50th Legislature, does not make the employees of the Association employees of the Board of Control. They are hot eligible, therefore, for member- ship in the Employees Retirement 8ysten. Employees of the San Jacinto Museum of History Association are not employees of the State and therafore are not eligl- ble for membership in the $mployees Re- tirement 8ysten of Texas under the provi- sions of the present Act, Art, 622&, V. c. s. Yourm very truly, ATTORWWC GBEEEALOF TEEA. CBK:mv