*1 TRR’ A'ITORNVEY GENERAL *’ OF TExA# , . TNXAEJ 7SVll

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February 14, 1973 Opinion No. H-10 HoMrable Bob ~Armrtrong Commirrioner, General Land Office Rt: May a l tate employee,

Archive6 and Library Building l uch l e the recrctar.y Aurtin, Texan

of a Texas legirlrtor or a member of the Governor’8 rtaff, ~.*erve at the ram time am a director of the San Antonio River Authority? It Dear Mr. Armotrong: In your recent letter you arked for our opinion on the following question:

‘May a state employee, such ae the recretary of a Texae legislator or a member of the Governor’r rtaff, time se a director of the San Antonio nerve at the ame River Authority? I’

In the general election in November, 1972, the people of Tows adopted an amendment to Section .40 of Article 16 of the Constitution of Texar providing an exception to the prohibition of that Section that “no ,person rhall hold or exerciee at the earn time more than one civil office of emolument. . . .‘I The new exception ir:

‘Watt employeer or other individurlr who receive all or part of their compenration either directly or indirectly ’ from funds of the State of Texas and who are not State officerr, l hall not be barrad from l erving a~ memberr of the governing bodice of school dirtrictr, citier, townr, or other local governmental dietrictr; provided, however, that much State employear or other individuals ahall’receive no rrlary for serving am mcmberr of ruch govurning bodice. It

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Honorable Bob Armrtrong, page 2, (H-10)

Thir provirion rleo rerver &e an exception to the l ep&r&tion of powerr of Article 2, Sectiti 1 of the Conrtitution of Texae.

If there ir no incompatibility be~een the officer (A fact quertion &I which we exprear no epinion), and ifno relrry ir t&ken for reiving it ie our opinion that A recretary to A Texer legirletdr on the Authority, or l member of the Governor’r staff would be entitled to l erve 8~ ~“director of the San Antonio River Author.ir)t;.

-SUMMARY- Section 40 of Article 16 of the Conrtitutlon’of the State of Texas rpecifically provider that State employtee who are not State officerr ehall not be barred from rerving a# membere of governing bodier of local governmental diltrictr and, therefore, 8.

recretary of % Texar.legirlator or i meber of the. Governor’r l t8ff. not 8 rt8te officer, m8y itrye rt the orme time AI A director of the Sm Antonio Rive; Authority.

Very truly your8, Attorney General of Taxam ’ APPROVED:

, .

DAVID M. KENDALL, Chairmen

Opinion Committee

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