Attorney General Opinion JM-0416

JIM MATTOX Attorney General Supreme Court Building P. 0. BOX 12543 Aus,,“. TX. 78711.2548 51214752501 T&x 9101874-1387 Telecopier 5121475-0286 714 Jackson, Suite 700 Dallas, TX. 75202-4506 214l742-8944 4824 Alberta Ave., suite 154 E, Paso, TX. 79905.2793 9151533.3484 too1 Texas, suite 700 Houston. TX. 77002-3111 713f223-5880 808 Broadway, Suite 312 Lubbock, TX. 79401.3479 8061747.5238 4309 N. Tenth, Suite S WAllen, TX. 78501-1885 5121882-4547 2M) Main Plaza, suite 400 San Antonio, TX. 782052797 512/225-4191 A” Equal OPPOrtUnltYl Affirmative Actlon Employer The Attorney General of Texas December 31, 1985 Gary E. Miller, M.D. opinion No..Jt+416 commissioner Texas Department XE Mental RS: Whether House Bill No. 72, Health and Mental Retardation Acts 1984, 68th Leg., ch. 28, is P. 0. Box 12668 applicable to teachers employed Austin, Texas 7;3711 by the Texas Department of Mental Bealth and Mental Retardation Dear Dr. Miller: Pou ask whel:her certain provisions of the Texas Education Code apply to teachers, employed by the Texas Department of Mental Health and Mental Retardation. You refer specifically to the various teacher testing and certii9catiou requirements and to the career ladder salary supplements estatslished by House Bill No. 72 of the Sixty-eighth Legislature. Acts 1984, 68th Leg., 2nd C.S., ch. 28, at 269. Section 1.04 of the Education Code sets forth the applicability of its provisions, in part, as follows: (b) This code shall not apply to those facilit:les and institutions under the control and directiou of the Texas Departmeat of Mental Health and Meutal Retardatiou . . . except as specifi- cally pwvided in Subchapter E of Chapter 30 of this code [footnote omitted] and in Section 16.104 of this code. Neither subchapter E of chapter 30 uor section 16.104 relate to the testing and certiE:tcation requirsments or to the career ladder salary supplements established by House Bill No. 72. House Bill No. 72 effected a minor change in subsection (c) of section 1.04 but left subsection (b) intact. Consequently, we believe that the plain import of section 1.04(b) is that the amudmnrts to the Education Code from House Bill No. 72, which relate to teacher training and certification and to career ladder salary supplements, do not apply to teachers employed in the facilities and irstitutions under the control and direction of the department. p. 1901 Dr. Gary E. Miller - Page :! (JM-416) SUMMARY The amendmeni:s to the Texas Education Code added by Eouse Bill No. 72 of the Sixty-eighth Legislature that, relate to teacher training and certification and to career ladder salary supple- ments do not aTply to teachers employed by the facilities and institutions under the control and direction of the Texas Department of Mental Health and Mental Retardation. JIM MATTOX Attorney General of Texas JACK HIGHTOWER First Assistant Attorney General MARY KELLKR Executive Assistant Attornsy General ROBERT GRAY Special Assistant Attorney IGeneral RICK GILPIN Chairman, Opinion Committee Prepared by Jennifer Riggs Assistant Attorney General p. 1902