Untitled Texas Attorney General Opinion

THE AWORNEY GENERAJ~ OFTEXAS January 29, 1975 The Honorable Craig A. Washington Opinion No. H- 509 Chairman House Committee on Prairie View Re: Authority of a college A&M University to withhold professor’s Box 2910, Capitol Station pay checks pending the Austin, Texas 78767 completion of certa~in obligations. Dear Mr. Washington: You have requested our opinion concerning the authority of a college to withhold pay checks of a professor pending payment of a parking permit fee and submission of semester grades. As exemplified by constitutional and statutory provisions pro- hibiting the garnishment of wages, Texas Constitution, article 16, section 28; article 4099, V.T. C. S. , it is the public policy of this state to insure the payment of salaries and wages. Attorney General Opinions O-6671 (1946) and O-7390 (1946) held that deductions from salaries and wages may be made only pursuant to a reasonable contract provision, a statute, or a constitutional provision. See -- also Attorney General Opinion O-6679 (1945). Article 16, section 10 of the Texas Constitution allows the Legis- lature to make deductions from the salaries of public officers for neglect of duty. However, this authority rests only with the Legislature and does not extend to departments of the state. Attorney General Opinion O-7390 (1946). That opinion dealt with the authority of the Prison Board or the general manager of the Prison System to “assess and collect,,any fees . . . from prison employees because such person may have been responsible for allowing a convict to escape. ” It states: p. 2294 The Honorable Craig A. Washington, page 2 (H-509) There are no statutes authorizing the Board of Prison Commissioners or the General Manager, of the Prison System to impose fines or pecuniary assessments upon employees of the Prison System who may neglect the performance of their duties assigned them by law . . . . In our opinion, the stated practice of the Board is in the nature of a penalty, and is beyond the authority of the Board. While Attorney General Opinion O-7390 concerned fines rather than salary deductions, article 16, section 10 was cited, and no distinction was seen between the two forms of penalties. We have found no statutory or constitutional authority for the withhoLding of salaries by a state college administrator and it is there- fore our opinion that he lacks the authority to do so. SUMMARY A state college does not have authority to withhold faculty salary payments on the grounds of neglect of duty such as tardiness in the sub- : mission of semester grades. C. ROBERT HEATH, Chairman Opinion Committee lg . p. 2295