Texas Attorney General Opinion: LO93-031 Page: 1 of 3
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DAN MORALES
ATTORNEY GENERAL April 21, 1993
Honorable Libby Linebarger Letter Opinion No. 93-31
Chairman
Committee on Public Education Re: Whether a legislator who serves as an
Texas House of Representatives independent contractor for an independent
P.O. Box 2910 school district holds a "position of profit
Austin, Texas 78768-2910 under this State" (RQ-513)
Dear Representative Linebarger:
You have requested our opinion as to whether a member of the legislature may
contract with an independent school district to perform non-teaching services on a part-
time basis.
The legislator in question, Representative Huey McCoulskey, Jr., was first elected
to the legislature in November, 1992. Prior to that time, in December, 1989, he had
entered into a contractual arrangement with the board of trustees of the Lamar
Consolidated Independent School District. Pursuant to this contract, the parties agreed to
the following:
1. McCoulskey would retire from his regular full-time employment
with the district, effective November 30, 1990;
2. Beginning on the same date, McCoulskey would be employed
"on a part-time basis for not more than 73 days a year" for a
term ending on December 31, 1993;
3. McCoulskey would be compensated at a daily rate equivalent,
pro rata, to his previous full-time salary;
4. McCoulskey's contract "may be terminated at any time for
unsatisfactory performance, for cause, or by McCoulskey's
resignation."
You indicate that, under this agreement, McCoulskey does not receive any of the
usual benefits of employment, e.g., paid medical insurance premiums, vacation time
accrual, or survivor maintenance. Furthermore, McCoulskey, and not the district, is solely
responsible for all tax payments, "and any other obligations required of self-employed
individuals." McCoulskey's arrangement with the district bears many of the common
indicia of an "independent contractor"--rather than an employer-employee-relationship.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO93-031, text, April 21, 1993; (https://texashistory.unt.edu/ark:/67531/metapth276617/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.