Untitled Texas Attorney General Opinion

OFFiCE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN xrs. 5. 5. Sappr -5xsoutivaSecretary T*aoSer Xrrtir3F?&zt sp3teL~ of Tcx3s Austin, Texas mar -xl%.sapp: of Texas or 3gajcd in worzc Cl3 8mploying ceivas rtdmburse- 13 or izaoar% is employed by boards of iatricts, boa*ds of independent co*xntyso~~oolboerda, Ratire- State Boerd of aducation cf Ldxcaticn, boezds of ~5 ~xnivarsltias, arideq otler legally aozistit;ltod bnkz or a;a%y of en oduoatiollaal instiWtion or orSnisation support- ed wholly or part& by Em Stats, IS teachirz in any sciioolixatrUting people in prepf3zationfor 2iilitez-y 8ervic8 aid if t'cesalary for 5223said teaaher ia aompletol~ reksburaed by federal funds, and said reizhrs~moo~ 13 kbpt lntect for this pwposa only, is seid teacher elis:iblsror membar- ship in the Teacher Retirement Systoar of Toares? l&s. 8. E. Sapp, page $2 "If f%adS received by an Institutionof' learni& froplfederal sourc~a3end endowments bacaoe pert of the institution.of lmrnl~~s bud& doerrthi~poney lose Its identity and beacme part of the sahool~s money end would e teacher bea aaid from a bud&et red by tfiese various aourees be el%gible for TeacLsr Re- tirementmembsrahip In the State of TenarT* Seation 3 of tie Aot limlte membership of the Re- tiremeat System to "teaahers~,"end Subsection 3 of Section 1 defkea tke term ateachar,*as used in tine Act, as r'ollors: n~Teadx6r~ shall zimn 5 pekn employed on -a full t&e, regular salary basis by boards of common school districts, boards of iade- pendent school districts, county school boards, Retirement Board of Trustees, State;Board of Edu&%tion~rhd%a Depart;ment of mucatiOn, boards of repmts of oolleaee and tiversitlee, and any other .legallyconstituted board or a- yenaT of en educationalinstitution or or,gni- sation supportedwholly or pertly b7 the %tata. In all cases of doubt, the Retirement Board of Trustees, hereinefterdefined, shall determine whether a person is a teacher ns defined in thla Aat. A taaoher shall meen a person renderi-% ssrvlce to orgenised publie eduoatlon in pro- fesa%onel end business,edninistrationand supar- vision and in instruction,in pub110 schools 9s defined in Subsection (2) of this Section." In our Opinion Xo. O-3399 we advised tiiat5 person who was employed directly by t&e Federal Goverrenent,nhose salary was paid by the Federal Qovernment, and whose servicea vere contracted for end eontrolled by a Federal adzncy, wes not a teacher entitlad to participate In the benefits umber L-A RetirementAct, althoug?x ha m1Sht be alloaed to zse public school facilities in the performance of his duties, and al- though the functions performed related to publio instruction end education, i&s. B. 3. Sapps page P3 Conversely, it is our q&don taat if a person is em31oyea on a full-time,re@l.sr salary basis by