Did the Texas law limiting payroll deductions from state-funded employees apply to Del Mar Junior College?

Texas AG Opinion JM-273: Del Mar Payroll Deductions

Plain-English summary

A state representative asked whether article 6813e applied to Del Mar Junior College. The statute barred a state governmental body from deducting money from the compensation of an officer or employee paid wholly or partly from state funds unless state law authorized the deduction. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

JM-273 concluded that Del Mar was covered. Article 6813e's definition included an institution of higher education under Education Code section 61.003, and that section included any public junior college. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

The opinion rejected the argument that Del Mar fell outside the executive branch. Prior Attorney General letter advisories had treated state institutions of higher education as part of that branch for separation-of-powers purposes, and the request offered no reason to treat Del Mar differently. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

The opinion also rejected the claim that Del Mar was not created by the constitution or a state statute. It read “created by” to include creation under statutory authority, and Del Mar had been formed under legislation allowing an independent school district to create a junior college. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Currency note

This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did article 6813e apply to Del Mar Junior College?

Yes. JM-273 held that Del Mar was a covered state governmental body for the payroll-deduction restriction. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

What did the statute restrict?

It prohibited a covered governmental body from making a deduction from compensation paid wholly or partly from state funds unless law authorized the deduction. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Why did a public junior college count as an institution of higher education?

Article 6813e incorporated Education Code section 61.003, which defined “institution of higher education” to include any public junior college. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Was Del Mar excluded because it began under a school district rather than a special constitutional provision?

No. The opinion said an institution created under the authority of a state statute satisfied the phrase “created by . . . a statute of the state.” Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Did the rule apply to every college employee regardless of funding source?

The quoted statute applied to an officer or employee whose compensation was paid in full or in part from state funds. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Background and statutory framework

Article 6813e defined “state governmental body” to include executive-branch boards, commissions, departments, offices, and agencies created by the constitution or a state statute. It expressly included institutions of higher education as defined by Education Code section 61.003. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Attorney General Opinion MW-566 had already concluded that article 6813e applied to officers and employees of public community junior colleges whose compensation was paid wholly or partly from state funds. JM-273 applied that conclusion specifically to Del Mar. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

The opinion stated that Del Mar was founded in 1935 under the Corpus Christi Independent School District and that the governing statute had authorized school districts to create independent school district junior colleges. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Citations and references

• Article 6813e, V.T.C.S.
• Education Code section 61.003
• Texas Constitution article II, section 1, and article VII, section 10
• Acts 1929, 41st Legislature, chapter 290, section 1, at 648, amended by Acts 1947, 50th Legislature, chapter 303, section 1, at 513
• Former V.T.C.S. article 2815h, section 1(a)
• Attorney General Opinions MW-566 (1982), M-851 (1971), and O-4573 (1942)
• Attorney General Letter Advisory Nos. 4, 20, 23, 30, and 55 (1973)

Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0273
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0273.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas

December 27, 1984

Honorable Wilhelmina Delco
Chairman
Higher Education Committee
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78769

Opinion No. JM-273

Re: Whether article 6813e, V.T.C.S., applies to a public junior college

Dear Representative Delco:

Article 6813e, V.T.C.S., prohibits a “state governmental body” from making deductions from state officers' or employees' compensation unless the deduction is authorized by state law. This office has already concluded that “public community junior colleges,” as defined by section 61.003, Texas Education Code, are subject to this article. Attorney General Opinion MW-566 (1982). You ask whether it also applies to a specific public junior college, Del Mar Junior College. We conclude that it does.

Article 6813e, V.T.C.S., provides the following:

Section 1. In this Act, “state governmental body” means:

(1) a board, commission, department, office, or other agency that is in the executive branch of state government and that was created by the constitution or a statute of the state, including an institution of higher education as defined by Section 61.003, Texas Education Code, as amended;

(2) the legislature or a legislative agency; or

(3) the Supreme Court, the Court of Criminal Appeals, a court of civil appeals, or the State Bar of Texas or another state judicial agency.

Sec. 2. A state governmental body may not make a deduction from the compensation paid to an officer or employee whose compensation is paid in full or in part from state funds unless the deduction is authorized by law. (Emphasis added).

In Attorney General Opinion MW-566 (1982), this office looked first to the definition of “state governmental body” and noted that section 61.003 of the Texas Education Code defines “institution of higher education” to include “any public junior college.” The opinion then stated that “[a]rticle 6813e therefore applies to officers and employees of public community junior colleges whose compensation is paid in full or part from state funds.” You suggest that Del Mar Junior College is an exception for two reasons: first, you claim that Del Mar Junior College is not in the executive branch and therefore does not fall within the subsection (1) definition of “governmental body”; second, you claim that Del Mar Junior College was not “created by the constitution or a statute of the state” and therefore does not fall within subsection (1). We disagree.

First, this office has repeatedly held that state institutions of higher education are part of the executive branch for purposes of article II, section 1 of the Texas Constitution, the separation of powers provision. We know of no reason why we should not so hold in this instance. You have not suggested any reason why state institutions of higher education as a class or Del Mar Junior College in particular should not be so regarded for purposes of section 61.003, Texas Education Code. See, e.g., Letters Advisory Nos. 4, 20, 23, 30, and 55 (1973). Second, you apparently construe the phrase “that was created by the constitution or a statute of the state” to require that the institution be expressly created or established by a specific constitutional provision or a specific special law. See, e.g., article VII, section 10 of the Texas Constitution (directing the legislature to establish the University of Texas). You assert that Del Mar Junior College was founded in 1935 under the control of the Corpus Christi Independent School District. However, we construe the phrase “created by . . . a statute of the state” to mean created by or under the authority of a statute of the state. And Del Mar Junior College was created under the authority of a statute of the state which permitted independent school districts to create an independent school district junior college. See Acts 1929, 41st Leg., ch. 290, §1 at 648, amended Acts 1947, 50th Leg., ch. 303, §1 at 513 (codified as now-repealed V.T.C.S. art. 2815h, §1(a)). See also Attorney General Opinions M-851 (1971); O-4573 (1942).

Accordingly, we conclude that article 6813e, V.T.C.S., does apply to Del Mar Junior College.

SUMMARY

Article 6813e, V.T.C.S., applies to Del Mar Junior College.

Very truly yours,

JIM MATTOX
Attorney General of Texas

TOM GREEN
First Assistant Attorney General

DAVID R. RICHARDS
Executive Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Jim Moellinger
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs