1
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
&JSTlN
GROVER
SELLERS .
ATTORNEY
GENERAL .
Hon. Jean Dey
County Attorney
Henderson County
Athens, Tex8.s
Dear Sir: Opinion No. O-7237
Re: Whether school
write insurance
late& matter
quest as follows:
“I will
information.
"First:
f the"school-Board
ndependent School
r.a Junior College
c basis of departmental opinions
itations that it is contrary to public
r'ustee to vrite Insurance as an insurance
the school district end consequently
e lawfully expended for such purposes.
vish to be understood as holding that a
3.3 not recover on such a policy of insurance
in case of a loss, If it vere Illegally vrltten by the trustee
as agent, because in that case the Insurance ,compeny would be
estopped to deny the invalidity of the acts of Its agent. We
simply hold that the trustee has no right to make such a contract
135
..
110% Jcon Day - Sogo 2
with his Board of !i$ustees snd that the Board vould not be
authorize~.d to pay the premLun3 on such a policy vrl.ttcn,by the
trustee as agent of the Insurance company, We encloce hcre-
with our opinions Nos. o-878, 0-2758 and 6-6280 for detailed
information.
Article 16, Section 40, of our State constitution, reads
in part aa follows;
“No person shall hold or exercise, at,
ihe se.me time,smore than one civil office of
emolument, . .
34 Texas Jurisprudence, p. 349, referring to the above
conotltut%onal provision, states:
. ..
“The constitution applies only to offices,
of emolument. ~Emolumsnt~ means a pecuniary
profit, gain or advsntage; hence the same person
may hold two civil offices, where no pay, com-
pensation or pecuniary gain attaches to one of
them, provided they are not incompatible.”
A member of the Board of Trustees of an independent
school. district, created under the general. laws does not re-
ceive any~co;npensation therefor. Bee Article 2775.
you do not state in your letter under what Act the
independent school dlstrlct was created nor do you state mAer
what Act the Junior College vns created, nor do you state vhether
the trustee would receive a&y compensation from either source.
Trustees of Junior Collegea croated under Article 281rh, Section
4, receive no compensation,
The facts will In all likelihood roveal thnt the
trustee will receive no compensation from either the indepgndent
school district or the Junior College district. The trusteo
would not’ be disqualified unless he received compensation
from both of said schools as we can see no Incompatibility
i .
.
Hon. Jeen DFYY - paSo 3
,
in the holain:: of both offices at the same time.
Very truly your3
ATThNEY CZNE~L OF TEXAS
I
Wm. J. PetiAz
WJF:BT Assistant
.,'
.