PRICE DANIEL
.~TTORSEY‘F.XVERAL
July 31, 1947
Hon. C. H. Cavness, Opinion No. V-325
State Auditor,
Capitol Station, He: Authority of the Comptroller to
Austin, Texas pay a Universltg of Texas pro-
f&sor who holds, at the same
time, a teachLng position in the
Austin Public Schools.
Dear Slri
Specifically you inquire as to whether it would be a
violation of Section 33, Article XVI of the ConstFtutior for a
professor at 4he University of Texas, either full tLme or part
time, also to teach part time in the Austin Public Schools and
draw pay concurrently from both the UniversLty of'Texas and the
Austin Public Schools.
Section 33 of Article VI of the Constitution, Fr.3ofar
as pertinent, is as follows:
"The accounting officers of this State shall
neither draw nor pay a warrant upon the Treasury
ln favor of any person, for aalary'.orcompenaatlor.
as agent, officer or appointee, who holds at the
same time any other office or pokition of honor,
trust or proflt, under this State. . *"
This section pertains only to the authority of tkie
accounting officers of the State to draw or pay a warrant upon
the Treasury, and has nothing whatever to do with the authority
of a city as a school district to pay the salaries of its
teachers.
In 1913, Lieutenant Governor Mayea desired to a-cept
a position as Professor of Journalism at The Unlversitg Of Texas.
This Department held, in an opinion by Hon. C. M. Curetor-,L,her.
First Assistant Attorney General, later Chief Juatke of the
Supreme Court, that:
"A professor in the University of Texas
is not an officer of this State, but is simply
an employee of the Board of Regents of the ::.
University, who holds his position by virtue of
the contract slone. . . .
Hon. C. H. Cavness, page 2 V-325
“From this reasoning we deduce that a pro-
fessor In the University is,‘ln a limited sense,
an agent of the State, but;$t is also clearly
very true that he Is an appointee of the State,
acting through its Board of Regents. . . . a a
"It is very clear, therefore, that Mr. Hayes,
so long gs he is Lieutenant Governor, could not
under the Constitution draw pay from the State,
as (1) agent, (2) officer, (3) appointee of the
State.
“As we have above endeavored to show that
a professor in the University of Texas is an appointee,
or in a limited sense an agent, therefore, Mr.
Hayes could not draw,a salary from the State as
Professor in Journalism in the University.
"The converse of the above ~proposition is
also true, and, therefore, Mr. Hayes, so long as
he was the agent or appointee of the State as ti
Professor of Journalism in the University could
not drew his pay as Lieutenant Governor or the
State that being an office wlthln the meaning of
the ConzUtution.
"Therefore, should Mr. Mayes accept the posi-
tion of Professor of Journalism In the Unlveralty
and at the same time hold ahd exercise the duties
of the office of Lieutenant Governor, he could not
draw pay for either such office or such position."
(Opinion of Sept. 22, 1913).
It remains only to be seen whether or not the University
professor, while serving as teacher in the Austin Public Schools,
holds a position of honor, trust or profit under this State.
Clearly, as such teacher In the Public Schools of Austin,
for reasons stated in our quotations from the Governor Mayes
Opinion, he would not hold an office. It is equally clear, ho+
ever, that while In the employ of the City of Austin as teacher
in Its Public Schools he would hold a position of honor, trzsf
or profit under this State.
The whole scheme and system of public education in
Texas, from the humblest district to the University of the State,
Is controlled by the laws of the State so that every office or
position of honor, trust or profit whatsoever held in any of such
schools is "under the laws of this State". Lewis v. Independent
School District of Austin, 139 Tex. 83, 161 S.W. (2a) 450; rupug
Eon. C. B. Cavness, page 3 ,,,.: ‘I’V-325
v. State, 125 Tex. Grim. 595, 121 S .W. (26) 1003.
In Opinion lo. O-4433, rendered in 1942, this Depart-
ment advised Honorable Clifford B. Jones, President, Texas
Technological College, that the regular teachers of the Public
School System of Iubbock who Instructed and supervised the
students of Texas Technological College In their practice teach-
ing courses could not be paid Sor their services 80 rendered
under Section 33 OS Article XVI of the Constitution, because
such public school teachers at the time of rendering such aer-
vice to the college held “posltlons of honor, trust and profit
under the laws of this State.”
It could make no difference in our answer to your ques-
tlon that the teacher In the Austin Public Schools was e part-
time rather than a full-time teacher. His services would be in
virtue of a position of honor, trust or profit regardless of the
hours of the day, or the daya of the week of the teaching, so
long as It has the element o? continuity under the terms of the
employment. (See this Department’s Oplnlon lio. O-4902 herewith).
You are therefore advlsed that a professor In the Unl-
varsity of Texas, either full tine or part time, may not be paid
through varrant upon the Treasury for his services If, et the
same time he 1s also employed to tee&h, either part time or full
time in the Austin Public Schools.
A professor In The University of Texas,
whether full time or part time, nmy not be pald
his salary from the Treasury for his services if
at the same time he Is employed as a teacher in
the Public Schools of the City of Austin. Const.
of Ten. Art. XVI, Sec. 33.
Yours very truly,
ATTORNEYGWERAL OFTRXA3
OS:wb :uc By s/Ocie Speer
Ocie Speer
APPROVED : Assistant
s/Joe R. Greenhill
ACTING A’ITORRBY QWRRAL