Opinion No. GA-1004

Kyle L. Janek, M.D.

Executive Commissioner

Texas Health and Human Services Commission

Post Office Box 13247

Austin, Texas 78711

Re: Whether the Health and Human Services Commission is authorized to pay or, alternatively, an employee is required to pay interest on the amount paid to the Employees Retirement System to restore a reinstated employee's service credit when the employee has been reinstated as part of a grievance procedure (RQ-1098-GA)

S U M M A R Y

A court would likely determine that ERS is authorized to require the payment of interest to establish service credit of an employee who has been reinstated after wrongful termination.

It is for the Health and Human Services Commission to determine, in the first instance, the manner in which it will pay interest to the Employees Retirement System to establish service credit for an employee who is reinstated after wrongful termination.

Opinion No. GA-1005

Ms. Phyllis L. Martin

Montgomery County Auditor

Post Office Box 539

Conroe, Texas 77305

Re: The appointment and compensation of temporary justices of the peace (RQ-1099-GA)

S U M M A R Y

Section 27.055 of the Government Code permits the appointment of one qualified person to serve as temporary justice of the peace to replace an individual justice of the peace who is unable to perform the duties of the office. Section 27.055 does not permit a county judge to appoint an "at large" temporary justice of the peace. A sitting justice of the peace may serve as a temporary justice of the peace under section 27.055, in place of a regular justice of the peace in the same county, provided the justice of the peace is a "qualified person."

The compensation of a temporary justice of the peace as outlined under section 27.055 of the Government Code does not conflict with section 27.054 of the Government Code or chapter 152 of the Local Government Code.

A court would likely conclude that a sitting justice of the peace who also serves as a temporary justice of the peace under section 27.055 does not violate article XVI, section 40 of the Texas Constitution.

For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-201301833

Katherine Cary

General Counsel

Office of the Attorney General

Filed: May 8, 2013