Untitled Texas Attorney General Opinion ( 1949 )

,.- THEA NIEYGENERAL AUSTTN. TEXAS September 29, 1949 Hon. B, B. Sapp, Director Opinion lo. V-917. and ExecutiveSecretary Teacher Retirement Re: Whether person may re- System of Texas celve service retire- Austin, Texas ment benefits under Teacher Retirement Act and serve at the ssme time as member of the elective State Board Dear Mrs. Sapp: of Education. We refer to your inquiry as to whether a re- tired teacher, receiving retirementbenefits under the yo;l;iy of the Teacher Retirement Act (Article 2922- as amended) may legally serve as a member of t&e tk%ive State Board of Education without affecting his retirement status. Rouse Bill Ro. 964, 51st Legislature,provides for an elective State Board of Education. With respect to the qualificationsof elective members, Section 9 thereof prescribes, In part, that: ?Vo person who hold8 an office under the State of Texas or any political subdi- vision thereof, or who holds employment or receives any compensationfor services from the State or any political subdivl- sion thereof, except retirementbenefits paid by the State of Texas or the Federal Government,or any person engaged in or- ganized public educationalactivity, shall be eligible to serve on said Board or be elected thereto. . . .' (Bnphasisadded) Prior Attorney General Opinion Ho. O-3916holds that a teacher retired In accordancewith the Teacher Retirement laws of Texas doe8 not hold an offlae. He has no duties to perform. Indeed, a retired teacher drawing retirementbenefits is neither an officer nor an employee of the State or any of its political subdi- ViSiOll8. Hon. B. B. Sapp, page 2 (V-917 ) Section g of House Bill 964 speoifically ex- cepts frcm its prohibitions those person8 who receive “retirement benefit8 paid by the State of Tesa8.” Prior Attorney General Opinion lo. O-4804 held that a retired teacher, as such, does not hold a position of honor trust, or profit. It follows that Sections 33 and $0 of Article XVI, Constitution of Texas, have no applica- tion to this problem. It is our opinion, therefore, that a person may contemporaneously receive service retirement bene- fits under the Teacher Retirement Act and serve as a member of the elective State Board of Education. We are not unmindful of that provision In Sub- section 1 of Section 5 of Article 2922-1, Vernon’s Civ- 11 Statutes, which reads : ”. . . Any member who ha8 accepted service retirement shall be ineligible and disqualified to resume and/or contin- ue employment in the public schools of Texas, and also shall be ineligible, and diequalified to be otherwise employed 1% the pabllc schools of this State; . . . We think this provision is applicable only in the matter of “employment” of teachers retired from 8er- vice, and has no application to the qualifications of persons who may be elected to serve on the Stat8 Board of Education, such qualifications being speoifically covered in Rouse Bill Pie. 964. suM74ARY A person may contemporaneously re- ceive service retirement benefits under the Teacher Retirement Act and serve as a member of the elective State Board of Education. H.B. No. 964, 51st Leg., Acts 1947; Art. 2922-1, V.C.S.; as zuaended; A.G. Opinions NOS. o-3916, O-4804. Yours very truly, ATTORHBY GEHBRAL OF TEltAs By 23%4-efO- Chester B. Olllson CEO:mw Assistant