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
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p. 2295