THE ATJXDWNEY GENERAL .,
, ..,’
OF ??l-CXAS
AUSITBN. rIExAm 78711
A-mI(IIIy O-AI.
June 3, 1976
The Honorable Henry Rothell Opinion NO. 8-332
Administrator
Texas Employment Commission Re: Limitationon Doliti-
Austin, Texas 78770 cal activitiesof employ-
ees of the Texar Employment
Commission.
Dear Mr. Rothell:
You have requested our opinion regarding the statutory
limitationon certain political activities of employees of
the Texas Employment Commission. Article 5221b:9(d)provides,
in pertinent part:
The Commission shall not employ or pay
any person who is an officer or com-
mittee member of any political party
organisation.
In light of this provision, you ask whether an employee of
the Commissionmay serve as chairman or other officer of a
political precinct or as a delegate to a county, state or
national party convention.
In our opinion, it is evident that,.aCommission employee
may.not-serveas a precinct officer. Article 13.34(c) of the
Texas Election Code makes clear that a precinct chairman is
an "officer . . . of [a] political party organization."
A convention delegate, however, occupjcs a somewhat
different status from that of an “officer.” A "delegate"
is defined in common usage as "a person sent and empowered
to act for another . . . as a representativeto a convention
or conference (as of a political party)." Webster's 38
InternationalDictionary (1961). Article 13.34(c) of the
Election Code prescribes the qualificationsfor serving as a
delegator
p. 35412
The Honorable Henry Rothell - page 2 (H-832)
The only qualificationsfor serving as
a delegate to a county or senatorial
district convention, or to a state
convention,are that the person be a
qualified voter residing within the
territory which he is selected to
represent and shall be affiliatedwith
the party as prescribed in section
179a of this Code.
See also art. 13.34(h). Furthermore,no part of the
mc= Code even implies that a delegate necessarily occupies
the status of "officer." As to persons nominated as delegates
to a national convention,the Election Code provides that
they
are those persons nominated by the
delegate selection committeesof the
presidentialcandidates who qualify
to participate in the presidential
primary in accordance with Subdivision
3 of this section, and are pledged to
the presidentialcandidate on whose
behalf they are nominated. Art. 13.5&a,
subdivision2(b).
It is thereforeour opinion that a delegate to a county, state
or national party convention is not, by virtue of his status
as a delegate, an Hofficer or committeemember of [al pclit-
ical party organization." Accordingly,an employee of the
Texas EmploymentConxnissionis not disqualifiedfrom serving
as such a delegate. '~~.
SUMMARY
An employee of the Texas Employment
Commissionmay not serve as chairman or
other officer of a political precinct,
but may serve as a delegate to a county,
state or national party convention.
Attorney General of Texas
The Eoaorable Xenry Rothell - page 3 (H-832)
Opinion Committee
jwb
p.3514