Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

GARALD C. MANN ATTORNEY GENERAL

Bonorable Melvin Cemba Criminal District Attorney Jefferson County Beaumont, Texas

Dear Sir:

Attention: Earl-Black Opinion No. 0-6578 Re: County School Trustee - Holding of two offices of ebolument is prohibited by the Constitution and related matter.

Your request for opinion has been received and carefully considered by this department. We quote from your request as follows:

"We have received a request for an opinion on the following facts: Two of the County School Trustees of Jefferson County, Texas, elected under Article 2676 R.C.S. 1925, held other positions with the schools as follows:

"(1) Mr. L. B. Abbey elected from Precinet No. Two, as a County School Trustee, also holds the position of Business Manager of the Port Arthur Indepeasant School District. The title of Business Manager includes the handling of all finances for said School District, as well as the office of Tax Assessor-Collector.

"(2) Mr. D. W. Boiatnott, elected from Precinet No. Four, as a County School Trustee, also holds a teaching position at Lamar Junior College, which college is supported by state funds and from taxes collected within a certain district in Jefferson County known as Lamar Junior College District.

"Each of the men receive $3.00 per day for the time spent at meetings of the Board, under Article 2687.

*2 Heserable Melvin Combs, Att'at Earl Bleak, Page 2 "Will you please give us your opinion as to whether or not these men, or either of them, are holding office as County School Trustee in violation of Article 16, Sections 38 and 40 of the Texas Constitution?*

Article 16, Section 40, Texas Constitution, reads in part as follows: "No person shall hold or exercise at the same time, more than one civil office of emolument. . . ."

Various exceptions, imaterial here, are provided for in this section.

The office of County School Trustee is one of emolument. (See Article 2687, Vernon's Annotated Texas Civil Statutes.)

You state in your letter that Mr. Abbey, one of the County School Trustees, also holds the office of Tax AssessorCollector of the Port Arthur Independent School District. We assume from your letter that this is also an office of emolument. If this assumption be correct it is our opinion that Section 40 of Article 16 of our State Constitution prohibits Mr. Abbey from holding these two offices of emolument at the same time.

Article 16, Section 33 of our State Constitution reads in part as follows: "The cecounting officers of this state shall neither draw nor pay a warrant upon the Treasury in favor of any person, for salary or compensation as agent, officer or appointee, who holds at the same time any other office or position of honor, trust or profit, under this State or the United States, except as prescribed in this Constitution."

You state in your letter that Mr. Bointcott, one of the County School Trustees, is a teacher at Lamar Junior College. His position as a teacher is clearly not an office, and Section 40 of Article 16 of our Constitution would not there apply. It is our opinion that Section 33 of Article 16 of our State Constitution is not applicable to this situation

*3

Ponerable Helvin Combe, Att'ni Karl Bleak, Page 3

because no acoounting of fioar of this state draw or pays a varrent on the State Treasury in favor of Mr. Bolatnott as he recel vea his teaching salary from the funis of the sohool district which enploys him. We have carefully searchod the statutes and are unable to find any ino opatibility in Mr. Bolatnott's holding the offie of County School Trustee and the position of teacher in the lamar Jusior college.

ATTORNEY GENBRAL of teLAS

Wn. J. Fanning Asaio tant

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