Opinions

Opinion No. JC-0188. Ms. Karen F. Hale, Commissioner, Texas Department of Mental Health and Mental Retardation, 909 West 45th Street, Austin, Texas 78711-2668, regarding whether a state agency may require an employee to exhaust compensatory leave before receiving worker's compensation benefits (RQ-0119-JC).

SUMMARY. State agencies lack authority to require employees to exhaust compensatory leave accrued under state law or the federal Fair Labor Standards Act before receiving weekly income benefits under the workers' compensation law. Nor may state agencies prohibit their employees from using compensatory leave during the time they are receiving weekly income benefits under the workers' compensation law.

Opinion No. JC-0189. Mr. Charles W. Heald, P.E., Executive Director, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, regarding whether the Texas Department of Transportation is authorized to establish the Statewide Transportation Policy Committee and the Bicycle Advisory Committee as provided in title 43, §1.85(a)(2) and (8) of the Texas Administrative Code (RQ-0126-JC).

SUMMARY. A state agency's authority to create an advisory committee depends upon statutes specifically governing the agency and may be express or implied. The Texas Department of Transportation has implied authority to establish the Statewide Transportation Policy Committee and the Bicycle Advisory Committee. See 43 Texas Administrative Code §1.85(2), (8) (1999). Attorney General Letter Opinion 98-009 is modified to the extent it may be read to construe chapter 2110 of the Government Code to provide that a state agency may not create an advisory committee absent express statutory authority.

Opinion No. JC-0190. The Honorable Frank Madla, Chair, Intergovernmental Relations Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, regarding whether funds allocated by §1701.157 of the Occupations Code to local law enforcement agencies for continuing education of local law enforcement officers may be diverted to the general fund of a county or municipality (RQ-0125-JC).

SUMMARY. Funds allocated by §1701.157 of the Occupations Code to local law enforcement agencies for continuing education of local law enforcement officers may not be diverted to the general fund of a county or municipality.

For further information, please call (512) 463-2110

TRD-200001737

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 7, 2000