Opinion No.

Office of the Attorney General — State of Texas John Cornyn Mr. Howard D. Graves, Chancellor The Texas AM University System 301 Tarrow, Sixth Floor College Station, Texas 77840-7896

Re: Whether The Texas AM University System is authorized to offer employees the opportunity to participate in a nonqualified program or plan under section 457(f) of the Internal Revenue Code consisting of the transfer of property (RQ-0396-JC)

Dear Mr. Graves:

The Texas AM University System (the "System") has asked whether it "may offer some employees the opportunity to participate in an employer-sponsored program…