The Attorney General bf Texas
August 20, 1980
Honorable Ben Z. Grant, Chairman Opinion No. MW-230
Judiciary Committee
House of Representatives Re: Whether a schoolteacher may
P. 0. Box 2910 receive compensation for service
Austin, Texas 78769 as a member of a city council
Dear Representative Grant:
You inform us that two school teachers employed and paid by the
Angleton Independent School District have been elected to the Argleton
City Council. You ask whether it violates article XVI, section 40 ‘of ‘the
Texas Constitution for these persons to receive payment for city council
service.
Thk office addressed a similar question in Attorney General Opinion
Ii-6 (19731, which concluded that a junior college teacher paid by the State
could serve as a member of the commissioners court only if he renounced his
salary for service as a commissioner. This conclusion was based on the
following language of article XVI, section 40:
State employees op other individuals who receive
all ap part of their compensation either directly or
indirectly from funds of the State of Texas and who
are not State officers, shall not be barred from
serve as membq of the governing bodies of school
districts, cities, towns, or other local governmental
districts; provided, however, that su?h State
employees or other individuals shall receive no salary
for servirg es members of such governing bodies.
Tex. Const., art. XVI, S40. The reason@ of Attorney General Opinion H-6
is applicable to your question. A teacher k indirectly paid in part by the
state, and may serve on a city council only if he receives no salary for the
latter service. See ako Letter Advisory No. 29 0973). We note that your
question and our response are limited to a city’s payment of salary to a city
councilman, and neither the question nor the answer extends to any
legitimate reimbursement of expenses.
p. 731
Honorable Ben 2. Grant, Chairman - Page Two (Mw-230)
The district court decision in Hairgrove v. Pasadena Independent School District
is not inconsistent with our answer to your question. Hairgrove v. Pasadena
Independent School District, Cause No. 79-27154, District Court of Harris County,
T29th Judicial District of Texas, Seotember 10, 1979. In that case a teacher emoloved
by an independent school district was also a.salaried member of the Pasadena City
Council. When the sdiool district became aware that he received compensation for
serving on the city council, it withheld his salary. The teacher sued for back pay and
won. The judgment stated that “Article 16, Section 40 does not empower P.I.S.D. to
withhold Plaintiff’s school teacher salary.” Article XVI, section 40 bars the teacher
from receiving compensation for his service on the governing body of a city but it does
not affect his compensation for State employment as a teacher. Thus, the court
considered a different question from the one you asked, and its decision does not
affect our answer to your inquiry.
SUMMARY
Article XVI, section 40 of the Texas Constitution permits a
school teacher paid from state funds to serve as a city council
member only if he receives no compensation for the city council
service.
Very truly yours, //
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMHTEE
C. Robert Heath, Chairman
Jon Bible
Walter Davis
Susan Garrison
Rick Gilpin
Bruce Youngblood
P- 732