Opinions
Opinion No. GA-0016
Mr. Felipe Alanis, Commissioner of Education, Members of the State Board
of Education, 1701 North Congress Avenue, Austin, Texas 78701-1494
Re: Whether appropriation of additional funds to the Texas Education Agency
for payment of internal costs and fees for external management of the assets
of the permanent school fund is contingent on the fund producing $150 million
in excess of the Comptroller of Public Accounts' estimate in the Biennial
Revenue Estimate (RQ-0582-JC)
S U M M A R Y
Appropriation of additional funds to the Texas Education Agency in the
2002-03 biennium for payment of fees for external management of the assets
of the permanent school fund under rider 38 is not contingent, pursuant to
rider 90, on the fund's producing $150 million in excess of the amount estimated
by the Comptroller of Public Accounts in the Biennial Revenue Estimate.
Opinion No. GA-0017
The Honorable Jose Rodriguez, El Paso County Attorney, 500 East San Antonio,
Room 203, El Paso, Texas 79901
Re: Whether, in a proceeding under the Juvenile Justice Code, title 3 of
the Family Code, the state may recover from a child or other nonprevailing
party the cost of serving summonses under section 53.06 of the Family Code
(RQ-0583-JC)
S U M M A R Y
A court may order any nonprevailing party to pay the costs incurred in
issuing summons to various parties under section 53.06 of the Family Code.
Opinion No. GA-0018
The Honorable Allan Ritter, Chair, Pensions and Investments Committee,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether certain statutory provisions relating to revocation of retirement
benefits and immunity from liability apply to a retired teacher employed on
a temporary basis by a third party that provides contractual staff services
to a school district (RQ-0584-JC)
S U M M A R Y
Former teachers who accept temporary employment with third-party contractors
who provide educational services to school districts do not thereby forfeit
retirement benefits as a matter of law. Such teachers are not "professional
employee[s] of a school district" for the purposes of the Education Code's
limited grant of immunity for personal liability.
See
TEX. EDUC. CODE ANN. § 22.051 (Vernon 1996). Third-party contractors
who provide such employment and educational services are not staff leasing
services regulated by chapter 91 of the Labor Code unless they are in fact
providing long-term or continuing employees, and such employees constitute
a majority of the work force.
See
TEX. LAB.
CODE ANN. §§ 91.001- 91.063 (Vernon 1996 & Supp. 2003).
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at 512/ 463-2110.
TRD-200300901
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: February 5, 2003
RQ-0012-GA
The Honorable Ed C. Jones, Angelina County Attorney, P.O. Box 1845, Lufkin,
Texas 75902-1845
Re: Whether a member of the board of directors of a water control and improvement
district may simultaneously serve as an employee of that district (Request
No. 0012-GA)
Briefs requested by March 1, 2003
RQ-0013-GA
The Honorable Bruce Isaacks, Denton County Criminal District Attorney,
P.O. Box 2850, Denton, Texas 76202
Re: Budget amendment process in Denton County (Request No. 0013-GA)
Briefs requested by March 2, 2003
For further information, please access the website
at www.oag.state.tx.us.
or call the Opinion
Committee at (512) 463-2110.
TRD-200300862
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: February 4, 2003
Request for Opinions