Attorney General Opinion WW-1360

ENERAI. OF TX-EXAS June 25, 1962 Honorable R. E. Swift County Attorney Anderson County Palestine, Texas Opinion No. ~~-1360 Re: Whether Article 6228a-5, Vernon's Civil Statutes, (Senate Bill 17, Acts 1962, 57th Leg., 3rd Called Session, p. 60, ch. 22, Sec. 1) applies to a County School Superintendent of Public In- Bear Mr. Swift: structions. In your recent letter you request our opinion upon whether Article 6z?8a-5, Vernon's Civil Statutes Senate Bill 17, Acts 1962, 57th Leg., 3rd Called Session, p. A 0, ch. 22 Sec. 1) applies to a County School Superintendent of Public Instructions. Article 6228a-5, which is Senate Bill 17, Acts 1962, 57th Leg., 3rd Called Session, p. 60, ch. 22, Sec. 1, reads as follows: "Local Boards of Education of the Public Schools of this state and the Governing Boards of the State-supported institutions of higher education are hereby authorized to enter into agreements with their employees for the pur- chase of annuities for their employees as authorized In Section &03(b) of the Internal Revenue Code of 1954, as amended." The question then becomes whether the County Super- intendent of Public Instructions is an employee of a local Board of Education of the Public Schools of this state. This office, in Opinion WW-1051 (1951), held that a County School Superintendent Is in fact an officer of the State. The Court, in Webb County v. Board of School Trustees, 95 Tex. 131, 65 S.W. 878 (19011, stated: Honorable R. E. Swift, page 2. (ww-1360) "Though in a sense a county officer, and though called 'County Superintendent,' he is In fact the officer and agent of the State." Therefore, you are advised that Article 62&a-5 does not apply to the County School Superintendent, as he Is a state officer and not an employee of the Local Board of Education of Public Schools. SUMMARY Article 6228a-5 does not apply to County Superintendent of Public Instructions as he Is a state officer and not an employee of the Local Board of Eduoatlon of Public Schools of Texas. Very truly yours, WILL WILSON Attorney General of Texas JHH:mkh:zt By John Ii. Hofmann Assistant APPROVED: OPINION COMMITTEE W. V. Qeppert, Chairman Marvin Thomas Harry Hewell Grady Chandler FG3VIEWED FOR THE ATTORNEY CtENERAL BY: Leonard Pasamore