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Colleges And Universities

Summaries

KP-0015
Ken Paxton

Equal Protection Clause of the United States Constitution, the Hazlewood Act's provision of benefits to only those individuals who resided in Texas at the time they entered the service rationally furthers legitimate state interests, should withstand rational basis review, and should therefore be held constitutional under the Equal Protection Clause

KP-0018
Ken Paxton

Sections 56.451 and 61.003, Education Code - Private institution of higher education must be accredited by the Commission of Colleges of the Southern Association of Colleges and Schools, the Liaison Committee on Medical Education, or the American Bar Association to be an eligible institution for the Texas-B-On-Time Loan Program

KP-0021
Ken Paxton

Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent.|Family Educational Rights and Privacy Act - A university likely may not withhold student records from state or local education officials that are necessary in connection with an audit and evaluation of a state supported education program under|Maintenance and operation tax under section Water Code section 63.282, necessity of voter approval of

KP-0051
Ken Paxton

Government Code section 411.2031, a public institution of higher education likely exceeds its authority if it prohibits the carrying of concealed handguns in a substantial number of classrooms or delegates to individual professors the decision as to whether possession of a concealed handgun is allowed in the individual professor's classroom, or if it prohibits handguns in campus residential facilities, under

KP-0053
Ken Paxton

B-On-Time Loan Program, additional credit hours taken at an institution other than the degree-awarding institution may not disqualify a student from having a B-On-Time loan forgiven

KP-0093
Ken Paxton

Contracts for purchasing goods and services by institution of higher education from private vendor in which a member of board of regents or certain family members have prohibited interest

KP-0120
Ken Paxton

handguns from campus locations due to the presence of minors. A junior or community college may not categorically prohibit concealed|A junior or community college may not categorically prohibit concealed handguns from campus locations due to the presence of minors.|Under Government Code subsection 411.2031(d-1), the president or other chief executive officer of the junior or community college may establish rules, regulations, and other provisions regarding the carrying of concealed handguns by license holders that accommodate the unique nature of a particular campus provided that such rules, regulations, or provisions do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution.

KP-0209
Ken Paxton

Enforceability of a right of reverter in a deed that conveys a fee simple determinable interest to a college|Enforceability of right of reverter in economic development corporation's deed of a fee simple determinable interest to an agency of the State|Enforceability of economic development corporation's right of reverter in a deed conveying a fee simple determinable to an agency of the State

KP-0212
Ken Paxton

Applicability of Penal Code subsections 46.035(a-1), (a-2), and (a-3) to presiding election judge with handgun license|Applicability of Penal Code subsection 46.03(a)(2) to presiding election judge with handgun license|Applicability of Penal Code prohibitions on open and concealed carry of handguns on higher education institution campus to presiding election judge with handgun license|Applicability of Penal Code prohibitions on carrying handgun at polling place located on private property to presiding election judge with handgun license|Authority of presiding judge with handgun license to carry handgun at polling place on election day|Application of Education Code section 37.125 to presiding election judge with handgun license

GA-0073
Greg Abbott

Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University Board of Regents from employing spouse of university president|Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University from employing spouse of university president|President of Stephen F. Austin State University is not a "public official" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|Regents of Stephen F. Austin State University may employ spouse of university president without violating the nepotism prohibitions of chapter 573 of the Texas Government Code

GA-0141
Greg Abbott

Voter registrar, detailed administrative procedure governing submission, approval, cancellation of voter registration applications to be conducted by|Residence, student living in dormitory may establish dormitory as residence and permissibly register to vote in county where dormitory is located|Violations of section 13.007 of Election Code which makes it a criminal offense to submit false or fraudulent information on a voter registration application, local prosecutors are authorized to investigate and prosecute whenever credible evidence or comp|Voter registrar, local prosecutors have no authority to prevent voter registrar from performing the registrar's duties as provided by law|Voting and voter registration, both bodily presence and current intention on part of applicant or voter are necessary to establish residence for purposes of|Voting and voter registration, residence is defined to mean 'domicile,' i.e., one home and fixed place of habitation to which one intends to return after any temporary absence for purposes of

GA-0144
Greg Abbott

Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating Board

GA-0163
Greg Abbott

Charitable remainder trusts, authority of The Texas A&M System to administer

GA-0232
Greg Abbott

Student fee advisory committee established under section 54.5031 of the Education Code is not subject to requirements of Open Meetings Act

GA-0249
Greg Abbott

Real property owned by Texas Southern University, deed restrictions do not apply to|Deed restrictions do not apply to property owned by Texas Southern University

GA-0347
Greg Abbott

Opinion Withdrawn 1/14/2008 - Superseded by statute, Tex. Educ. Code Ann. § 54.203|Opinion Withdrawn 1/14/08

GA-0351
Greg Abbott

Common-law conflict of interest rules invalidate contract in which regent has a personal financial interest at time of contract formation, except where statute changes common law|Conflict of interest arising after contract formation does not invalidate pre-existing contract|Common law, authority to modify by adopting statute

GA-0395
Greg Abbott

Tuition equalization grant program, Higher Education Coordinating Board lacks authority to approve for participation in the program a private or independent college or university that does not have the same accreditation as public institutions of higher education|Tuition equalization grant program, board lacks authority to approve for participation in the program a private or independent college or university that does not have the same accreditation as public institutions of higher education

GA-0397
Greg Abbott

Fire science courses offered at institutions of higher education, "fire science" is a technical term referring to courses that fall within a designated fire science curriculum as well as courses primarily related to fire service, emergency medicine, emergency management, or public administration regardless of whether those courses fall within the curriculum designed as "fire science"|Tuition for fire fighters enrolled in fire science courses, fire fighter seeking exemption from tuition need not be pursuing a degree in fire science and may already have a degree in fire science|Tuition and laboratory fees at public junior colleges and four-year colleges and universities, a fire fighter is exempt from paying|Tuition and fees at public junior colleges, a public junior college's charges are what the college designates them to be|Tuition for fire fighters enrolled in fire science courses, fire fighter seeking exemption from tuition need not be pursuing a degree in fire science and may already have a degree in fire science\r\n|Public junior college's charges are what the college designates them to be|Houston Community College's "general fee" is not tuition|Houston Community College, to the extent that it assesses a fee for its operation, that fee would be tuition and a fire fighter exempt from paying tuition would have to pay that non-tuition fee|Fire science|Tuition|Fee

GA-0438
Greg Abbott

Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may|University systems' board of regents may adopt a rule that establishes a dollar amount under which the university system may purchase printing services without competitive bidding|Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procure|Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procure|Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure|Open market contract|Under such regulations as may be prescribed by law

GA-0445
Greg Abbott

Opinion Withdrawn 1/14/2008 - superseded by statute, Tex. Educ. Code Ann. § 54.203

GA-0567
Greg Abbott

Insurance services to a state university, a member of the Legislature not not provide unless authorized by the Texas Constitution and statutes|Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutes|Member of the Legislature does not include person yet to be elected to the Legislature|Member of the Legislature, an interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the|Member of the Legislature, interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the |Individuals not yet elected to the Legislature, the constitutional prohibition in article III, section 18 does not bar contracts with|Provide insurance services to a state university, a legislator may not provide unless authorized under the Texas Constituion and statutes|Legislator's business or employment activities, questions about the propriety of such activities under chapter 572 of the Government Code are generally not appropriate for the opinion process

GA-0655
Greg Abbott

Standard method adopted by the Higher Education Coordinating Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective |Standard method adopted by the Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective

GA-0677
Greg Abbott

Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employee|Retiree who participates in Texas A&M University System group benefit program, but is now an active state employee, is not eligible to also participate in Employees Retirement System group benefits program, but individual may elect to participate either as retiree or as active employee

GA-0732
Greg Abbott

Statutes providing for unauthorized aliens to receive in-state tuition at Texas state colleges and universities, whether they violate federal law and federal equal protection

GA-0743
Greg Abbott

Loan proposal that would require college and private lender to share risk of students defaulting on their loans and might require college to discount tuition must comply with statutory provisions regarding the reduction of tuition in chapter 54, Education Code|Texas State Technical College’s discharge of student loans would be constitutional only if made for a legitimate public purpose and if adequate controls existed to ensure that the public purpose is met

GA-0768
Greg Abbott

Endowment funds, authorization of investments under the Uniform Prudent Management of Institutional Funds Act|Applicability of the Texas Public Funds Investment Act, chapter 2256, Government Code, to endowment funds of a state university

GA-0823
Greg Abbott

Term \\"classroom set\\" of textbooks, as defined by the SBOE|University open-source textbooks, a classroom set of textbooks can include|Authority under section 31.0241 of the Education Code to decline to place an open-source textbook on the conforming or nonconforming list if disagree with an eligible institution’s determination that the textbook qualifies for placement on the conforming or nonconforming list, SBOE has no|Administrative penalty for violations under subchapter D, chapter 31 of the Education Code on a university that is properly characterized as a publisher, SBOE has authority to impose|Open-enrollment charter school or school district that acquires a university open-source textbook at a cost below the cost limit established under section 31.0251(a) of the Education Code is entitled to a credit|Request that a student be allowed to take home any textbook, including one that is part of a classroom set, if the textbook is used by the student and is available, a parent is entitled to and a district or school must honor|Technological equipment is not property of the state, under section 31.021

GA-0892
Greg Abbott

University of North Texas System’s Board of Regents is a governing board within the scope of subsection 51.0031(c), Education Code|University of North Texas System’s Board of Regents is the entity to which Education Code subsection 51.0031(c)’s $25 million threshold applies

GA-0894
Greg Abbott

Real property, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, sections 51 and of the Texas Constitution|Dedicated cemetery land and land abutting a cemetery, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution|Real property, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution

GA-0902
Greg Abbott

Complaints about postsecondary educational institutions, the Texas Higher Education Coordinating Board has authority to promulgate procedures for handling|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious institutions’ secular programs of study, the Higher Education Coordinating Board may handle|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Texas Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious Institutions’ secular programs of study, the Texas Higher Education Coordinating Board may handle|Complaints about postsecondary educational institutions, the Board has authority to promulgate procedures for handling|Regulating religious institutions’ religious programs of study, the Texas Supreme Court has held that the Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutions’ secular programs of study|Complaints about religious institutions’ secular programs of study, the Board may handle

GA-0969
Greg Abbott

Hazlewood Act tuition exemption, Texas Higher Education Coordinating Board has authority to determine whether to promulgate certain rules relating to exemption|Texas Higher Education Coordinating Board has authority to adopt rule which would allow veterans applying for state Hazlewood Exemption who are otherwise entitled to federal Chapter 33 benefits to not first exhaust Chapter 33 benefits, court would likely conclude that|Texas Higher Education Coordinating Board has authority to adopt rule which would allow veterans applying for state Hazlewood Exemption who are otherwise entitled to federal Chapter 33 benefits to not first exhaust Chapter 33 benefits, court would likely conclude that

GA-0975
Greg Abbott

Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Texas Higher Education Coordinating Board has the|Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Board has the

GA-1025
Greg Abbott

Occupations Code section 501.004 - a university is not required to use the official title of \\"psychologist\\" or \\"psychological associate\\" when describing employees in order for those employees\\' activities and services to be exempt from the Psychologists\\' Licensing Act|Occupations Code section 501.004 - a university could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and the activities or services performed within the scope of that employment would be exempt under|Occupations Code section 501.004 - a university subject to section 501.004 could employ a Licensed Specialist in School Psychology as a psychologist or psychological associate, and that individual\\'s activities or services performed within the scope of the employment would be exempt

GA-1061
Greg Abbott

To the extent institutions of higher education are state agencies subject to Labor Code chapter 501, they must have State Office of Risk Management approval to purchase property, casualty, or liability insurance|Property, casualty, or liability insurance; except for those otherwise excluded, state agencies subject to Labor Code chapter 501 must have State office of Risk Management approval to purchase for itself

GA-1091
Greg Abbott

Texas A&M University, authority to use allocation from the Available University Fund for support and maintenance under Texas Constitution article VII, section 18(f)

DM-0099
Dan Morales

Independent school districts are not authorized to deposit funds in the demand accounts of savings and loan associations|Institutions of higher learning are not authorized to deposit funds in the demand accounts of savings and loan associations|Municipalities are not authorized to deposit funds in the demand accounts of savings and loan associations|Counties are not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, municipality not authorized to deposit funds in the demand accounts of savings and loan associations|Savings and loan associations, municipalities, counties, independent school districts, and institutions of higher learning are not authorized to deposit funds in the demand accounts of|Depository, institution of higher learning not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, county not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, school district not authorized to deposit funds in the demand accounts of savings and loan associations

DM-0202
Dan Morales

Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Investment in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Mutual funds holding only adjustable rate mortgages that obligate United States agencies, authority of certain public entities to invest in

DM-0239
Dan Morales

Per se "employees," students are not for purposes of statute requiring employers to supply hazardous chemicals information to "employees"|Hazardous chemicals information to "employees," students are not per se "employees" for purposes of statute requiring employers to supply

DM-0249
Dan Morales

Resident tuition rates, nonresident scholarship recipient may be eligible for if scholarship is competitive academic scholarship (Affirmed by Tex. Att'y Gen. LO-94-035)|Statutory authority to adopt rule, agency must cite in final order adopting rule; but failure to do so, by itself, does not invalidate rule where other, uncited statutes authorize rule (Affirmed by Tex. Att'y Gen. LO-94-035)|Competitive academic scholarship, Board's criteria for may not exceed or be inconsistent with statute (Affirmed by Tex. Att'y Gen. LO-94-035)

DM-0271
Dan Morales

Optional retirement program for faculty members, authority of governing body of University of Texas to limit number of vendors offering products to program participants|Optional retirement program for faculty members, authority of governing body of University of Texas to structure program|University optional retirement program for faculty members, authority of governing body to limit number of vendors offering products to program participants|University optional retirement program for faculty members, authority of governing body to structure program

DM-0300
Dan Morales

Hiring contractor, state university does not function as when it hires private entity to engage in building or construction work|Workers compensation certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractor|University does not act as "hiring contractor" when it hires private entity to engage in building or construction work|Hiring contractor|General contractor|Certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractor

DM-0329
Dan Morales

University debit card program, whether subject to Sale of Checks Act or banking laws|Debit card program, whether subject to Sale of Checks Act or banking laws|Debit card programs for students, faculty and staff, authority of university to operate|Check|Bank

DM-0345
Dan Morales

Parking fee, state university may charge to students, faculty, and staff, even if disabled

DM-0359
Dan Morales

Cold War|Student fees imposed by University of Texas at Austin, exemption for persons honorably discharged from armed forces during "cold war"

DM-0374
Dan Morales

Permanent University Fund land leased for grazing, whether water improvement district may tax|Taxation of Permanent University Fund land leased for grazing|Permanent University Fund land, taxation by water improvement district|Tax|Special assessment

DM-0421
Dan Morales

College or university governing board may not waive collection of fees unless expressly authorized by statute|College or university medical-service fee, governing board may not waive payment of from active-duty personnel unless expressly permitted by statute|Fees, governing board may not waive collection of from employees or their dependents unless expressly permitted by statute|Discretionary fee must be compulsory where statute does not specify whether compulsory or voluntary|Voluntary fee, governing board may not charge of a student who will not use the service|Waiver of fee for employees and dependents, governing board may not grant unless expressly permitted by statute|Compulsory fee|Voluntary fee

DM-0429
Dan Morales

Amusement park operated on real property owned by state university, whether property is exempt from ad valorem tax|Real property owned by state university and operated as amusement park, whether subject to ad valorem tax

DM-0468
Dan Morales

Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from college tuition is probably unconstitutional|Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutional|Retroactively applied, a court probably would use three-part test to determine whether judicially modified statute will be

DM-0469
Dan Morales

Craft or type of worker not listed in public work contract, contractor may hire only if public body has approved the hiring and has determined the prevailing wage rate in advance|Judicial remedy for violation of chapter 2258 of the Government Code available only where public body has determined contractor has violated law but has not withheld enough money from the contractor to make the aggrieved worker whole|Public work contract to remodel university building, applicability of chapter 2258 of the Government Code to|Public work contract, contractor generally must pay no less than prevailing wage rate to workers on project|Public work contract, contractor may hire craft or type of worker not listed in contract only if public body has approved the hiring and has determined the prevailing wage rate in advance|Public work contract, judicial remedy for violation of chapter 2258 of the Government Code|Public-work contract, worker may be paid different wage rates if he or she performs different jobs

DM-0478
Dan Morales

Videoconference call, authority to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))|Videoconference call, authority of governing board of institution of higher education to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))|Videoconference call, authority of board of regents to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))

DM-0497
Dan Morales

Equal opportunity training by Commission, validity of rider mandating for certain state agencies and institutions of higher education|Equal opportunity training by Texas Commission on Human Rights, validity of rider mandating for certain state agencies and institutions of higher education

JC-0107
John Cornyn

Race or ethnicity as a factor in student financial assistance, law regarding use unsettled (Tex. Att'y Gen. L0-97-001 Withdrawn)|Student financial assistance, law unsettled regarding use of race or ethnicity as a factor in (Tex. Att'y Gen. L0-97-001 Withdrawn)

JC-0146
John Cornyn

Appropriation of state funds to state agency to transfer to private endowment must satisfy article III, section 51of Texas Constitution and agency's authority to transfer funds and enter into contract regarding transaction must be supported by substantive|Southwest Texas State University lacks statutory authority to transfer appropriated state funds to National Geographic Society endowment fund to benefit geography education in the state or to enter into a contract regarding such a transaction

JC-0170
John Cornyn

Enrolled bill rule, application to claim that legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building invalid under article VII, section 18 of the Texas Constitution|Institution of higher education, validity under article VII, section 18 of the Texas Constitution of appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building|Legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building, validity under article VII, section 18 of the Texas Constitution

JC-0200
John Cornyn

Religious postsecondary educational institution, state regulation of does not violate right to free exercise of religion|Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens on|Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religion|Free exercise of religion, state regulation of religious postsecondary educational institution does not violate individual's right to

JC-0240
John Cornyn

Scholarship and endowment funds donated to state university are impressed with charitable trust, modification of which requires court proceeding to which Attorney General is proper party

JC-0426
John Cornyn

Contract with bank of which regent of Texas Woman's University is officer and employee, university board of regents may not enter into|Statute authorizing a university to contract with a corporation of which regent is director or stockholder does not apply when regent is officer or employee of the corporation|Board of regents may not enter into contract with bank of which regent is officer and employee

JC-0431
John Cornyn

Deferred compensation program involving transfer of shares in mutual fund, authority of state university system to offer

JC-0484
John Cornyn

Grant to Council member is subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member|Conflict of interest, grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member|Nonprofit corporation|Grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member

JC-0487
John Cornyn

Public meeting, University of Texas Board of Regents may not hold in Mexico|Public meeting in Mexico, University of Texas Board of Regents may not hold

JC-0507
John Cornyn

Judicial decision, an attorney general opinion may not overrule|Depository for receipts of institution of higher education, governing board's selection of is subject to common-law conflict of interest rule and is not modified by provision applicable to state agency depository|Institution of higher education, selection of depository by governing board is subject to common-law conflict of interest rule and is not modified by provision applicable to state agency depository|Institution of higher education, governing board's selection of depository is subject to common-law conflict of interest rule and is not modified by provision applicable to state agency depository

JC-0523
John Cornyn

Texas State Technical College System|Texas Public Finance's authority to issue bonds on behalf of Texas State Technical College System

JC-0527
John Cornyn

Infrastructure charge, authority of University of Texas to collect under section 55.16 of the Education Code is subject to limits in section 54.0513 of the Education Code if it is equivalent of building use fee|Infrastructure charge, authority of University of Texas to collect from students under section 55.16 of the Education Code to fund building renovation and repair depends on whether or not it is equivalent of building use fee

JC-0577
John Cornyn

University professor may serve on governing board of local governmental district, but may not receive salary|Schoolteacher

JM-1146
Jim Mattox

Faculty club at Texas A&M University, allocation of space for is not unconstitutional gratuity provided it serves a public purpose and university receives adequate quid pro quo

JM-1153
Jim Mattox

Establishment by two-thirds vote of legislature, appropriations act does not require

KP-0268
Ken Paxton

Government Code subsection 661.063(b) provides that vacation leave pay for an employee who separates from state employment while holding a position that does not accrue vacation time is computed using the "employee's final rate of compensation in the last position held that accrues vacation." In the hypothetical scenario you describe, the administrative position is the last position held that accrues vacation, so the compensation used for the calculation for payment of vacation leave is only the compensation paid for the administrative position.

Subsection 661.062(b)(5) entitles an employee to payment for vacation leave upon the occurrence of the described change in employment circumstances and "if the agency agrees to pay the employee for the accrued balance of the employee's vacation time." Thus, the entitlement arises on the fulfillment of both prerequisites, which will depend on particular facts.