5/18/10
Last week, Texas Attorney General Opinion No. GA-0774 (2010) was issued on "Whether school district resources may be used to process payroll deductions to fund political donations."
The Summary to the Opinion stated,
"Under longstanding Texas case law, school districts have only that authority expressly or impliedly granted by the Legislature. The Legislature expressly authorizes school districts to process school district employees' payroll deductions for health-care expenses, child-care costs, security for indebtedness, and membership fees or dues to professional organizations. However, the Legislature has not expressly authorized school districts to process payroll deductions for contributions to political committees such as TSTAPAC and NEA-Fund.
The Legislature impliedly authorizes school districts to undertake those activities that school districts would need to do in order to exercise the authority that the Legislature expressly granted them. However, the Legislature has not impliedly authorized school districts to process payroll deductions for contributions to political committees such as TSTA-PAC and NEA-Fund because doing so would not be necessary to perform school districts' expressly authorized functions.
Because the Legislature has not expressly or impliedly authorized school districts to process payroll deductions for contributions to political committees such as TSTA-PAC and NEAFund, Texas law prohibits school' districts from processing such contributions.
The Legislature's decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a constitutional challenge. Proof of a public servant's culpable mental state is a fact question that cannot be resolved in the opinion process. Thus, we cannot determine as a matter of law whether the processing of payroll deductions for contributions to political committees by school district staff on school district computers would violate section 39.02(a)(2) of the Penal Code."
To read the opinion, click on the link below.
