words used in statute are given ordinary meaning
How later courts described this case
- words used in statute are given ordinary meaning
Written by the judges who cited it.
The opinion
The Attorney General of Texas
December 11, 1978
JOHN L. HILL
Attorney General
President Philip G. Hoffman Opinion No. H-12 7 7
University of Houston
Houston, Texas 77004 Re: Authority of the University
to promulgate a regulation
defining the term “full-time
basis” in section 51.352(4),
Education Code.
Dear Dr. Hoffman:
You inquire about the authority of the University of Houston Board of
Regents to promulgate a rule defining “full-time basis” as it appears in a
provision relating to the Optional Retirement Program. Section 51.353 of the
Education Code provides that “[aIll faculty members are eligible to
participate in the optional retirement program,” subject to rules prescribed
by the governing board of their institution. “Faculty member” is defined as
follows:
. . . a person who is employed by an institution of
higher education on a full-time basis as a member of
the faculty or staff and whose duties include teaching,
research, administration, . . . or the performance of
professional services. . . .
Educ. Code S 51.352(4) (emphasis added). You wish to know whether the
Regents may define employment on a “full-time basis” to mean “employment
for one-half or more of the standard workload at a rate comparable to the
rate of compensation for other persons employed in similar positions.” You
note that the Teacher Retirement System (TRS) has adopted the quoted
standard in its rule defining “full-time” service under section 3.02(a)(3) of the
Education Code.
In Attorney General Opinion H-871 (1978) we considered the TRS rule
and declined to hold it invalid. We found numerous factors supporting its
validity which are not present in the case of your proposed rule. The TRS
definition was an administrative construction of long standing, and employees
had accumulated credit and received benefits under it. When the legislature
placed the TRS provisions in the Education Code in 1969, it expressly provided
P. 5050
President Philip G. Hoffman - Page 2 (H-1277)
that present members of TRS would continue their membership. Educ. Code S
3.03(a). In addition, TRS served employees in diverse job classifications with
various ways of measuring workload. We concluded that the courts would not
disregard the long-standing administrative construction, particularly in view of the
legislature’s acquiescence in it.
However, we stated that we would not have construed the statute in this
manner. We noted that the courts will disrenard an administrative construction
which is contrary to the plain meaning of a itatute. See Brown Express, Inc. v.
Railroad Commission, 415 S.W.2d 394 (Tex. 1967); Eddins-alcher Butane Company
v. Calvert, 298 S.W.2d 93 (Tex. 1957). The rule you propose is subject to this
objection.
The Code Construction Act provides that “[wlords and phrases shall be . . .
construed according to . . . common usage. ” V.T.C.S. art. 5429b-2, S 2.01. -- See also
National Life Co. v. Stegall, 169 S.W.2d 155 (Tex. 1943) (words used in statute are
given ordinary meaning). A dictionary may be consulted to ascertain the meaning
of a word. Board of Insurance Commissioners v. Duncan, 174 S.W.2d 326 (Tex. Civ.
App. - Amarillo 1943, writ ref’d). The dictionary defines “full time” as follows:
employed for or working the amount of time considered
customary or standard.
Webster’s Third International Dictionary at 919. ln contrast, “part time” is defined
as follows:
employed for or working less than the amount of time
considered customary or standard.
Ia, at 1648. In our opinion, a definition of “full time basis” that includes
employment at half time or less than full time is contrary to the plain meaning of
the statutory language. In the absence of strong countervailing factors like those
outlined in Attorney General Opinion H-871, see also V.T.C.S. article 5429b-2,
section 3.03, we do not believe your administrative definition would be upheld by
the courts. ln our opinion, you may not adopt the proposed definition of “full-time
basis.”
SUMMARY.
The governing board of an institution of higher education
may not promulgate a rule defining employment on a “full-
time basis” in section 51.352(4) of the Education Code to
mean “employment for one-half or more of the standard
workload. . . .I’
P. 5051
President Philip G. Hoffman - Page 3 (~-1277)
Very truly yours,
Attorney General of Texas
APPROVED:
%L
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH. Chairman
Opinion Committee ’
jsn
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