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Office of the Attorney General
State of Texas


October 4, 1990

Honorable Ernestine V. Glossbrenner
Chairman
Public Education Committee
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910

Letter Opinion No. 90-071

Dear Representative Glossbrenner:

You ask whether a school district trustee may participate in a health care plan established under section 21.922 of the Education Code. You note that a trustee is to serve without compensation. Educ.Code s 23.19(e).

Section 21.922 provides:

(a) The board of trustees of a school district may establish a health care plan for employees of the district and dependents of employees.

By its terms, a health care plan established under section 21.922 is limited to district employees and their dependents. See Attorney General Opinion H-715 (1975) (board members not "employees"). Consequently, we need not consider whether the situation you describe would contravene section 23.19(e).

      Yours very truly,

      Sarah Woelk
      Chief
      Letter Opinion Section


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