Texas Attorney General Opinion: GA-115 Page: 3 of 4
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The Honorable Will Hartnett - Page 3 (GA-0115)
had a number of bail bond forfeiture judgments. While there was some question as to the precise
amount Ware owed Orange County, his debt was not in dispute. See id. at 475. The sole question
in Ware was whether a particular statute allowing certain offsets violated the Texas Constitution, not
the common law. The supreme court made the distinction quite clear: "The law may restrict the
right of offset, as Benton notes, but the Constitution does not." Id. at 474.
In this instance, however, there is apparently neither an agreement between the employee and
the district, nor ajudgment of any kind against the employee. We note again that Opinion GA-0062
is not a court judgment, and that it in no way constitutes or evidences a debt due and owing to the
district by the employee. Absent either an agreement on the part of the employee or a judgment in
the district's favor against the employee, the district may not attempt to recoup the payment in
question from the employee's wages.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-115, text, October 8, 2003; (https://texashistory.unt.edu/ark:/67531/metapth275011/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.