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