EA QIRNE
EXAS
Honorable‘Eyron Tunnell, Speaker
Texas~ House-‘Pi Representatives
Austin, Texas
Opinion NO, C-364
Re: Whither, under. the Constl-
tution of ,Teziti,$,
“a rebro-
,’sentative,Aelect Iwoul^d:be
entitled’ to receive’ a ‘salary
for being s~*iloyed’~as a
teacher in an indepehdent
: school, district at any time
‘dur$ng his. term of Yofflce~ as
Dear Sir: a member of the Legislature.
You haie requested the ojpinlon ,of this office as to
whether the~Constitutlon of Texas will permit-‘a representatlve-
elect to receive a salary for h’is employment as ,a,teacher in
an, lndeben’dent school district’ at any time Uurlng. his term of
office as a member of the Legislature.
SectPon 33 of Article XVI of the Texas Constitution is
quoted in part as follows: I’
“Sec. 33. The Accounting Officers o’f
this State shall neither drirw nor pby a war-
rant upon the Treasury in ‘favor ‘of any per-
son, 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 presc,rlbed in this
Constitution’. 0 V ,*I’
Tn Attorney General’s Opinion O-4433 (1942),,wrltten by
Judge Ocie Speer during the administration of the Honorable
Gerald C. Mann, It was held, that the position of teacher In an
independent school district was a posftfon of honor, trust or
profit within the terms of Section 33 of Article XVI. Therefore,
since the positions of legislator and teacher are both positions
of honor, trust or ‘profit, one person may not at the same time.
hold both posltions: In answer to your specific question, ‘this
Ron. Byron nmieli,'&ge:2 (c-364)
office 1s constrained to holdthat a representative-elect would
not be entitled to receive~~a ~aalary~~for hia employment as a '~~
teacher by an independent school 'district ate any time during his
term of office as a member of the Legislature.
SUMMARY
A representative+slec,t wculd,not been-
titled to receive a salary for his empIoyment
as a teacher by an independent school 'district
at any time during his term of office as a mem-
ber of~the-'.Legislature, by virtue of the.prohlbl-
tlons contained in Section 33, Articl~e XVI, Texas
Constitution.
Very truly yours,
WAGGONER CARR
Attorney General
MLQ:ms
BYdu&Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Bill Osborn
Grady Chandler
W. 0. Shults
Arthur Sandlin
APPROVEDFOR THE ATTORNEY
GENERAL
By: Stanton Stone
-1728-