Opinion No.

Honorable Joseph E. Saar Chairman Texas Private Employment Agency Regulatory Board Capitol Building Austin, Texas

Re: Constitutionality of section 21.916, Education Code, which prohibits the use of employment agencies by school districts.

Dear Mr. Saar:

You have requested our opinion regarding the constitutionality of section 21.616 of the Education Code, recently enacted. Acts 1979, 66th Leg., ch. 477, at 1047. The statute provides:(a) A school district may not list employment opportunities with a private employment agency and may not pay a fee to a private employment agency for the referral of…