OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEYGENERAL
.
Honorable Ceo. H. Sheppard
Comptroller of Public Aooounta
Austin, Texas
Dear Mr. Sheppard:
nd wrife shall
who ware em-
ment now submits th8 folluw%ng
A husband and wife had been foe
to January, 194.l, working for
different state dapartmnte, but during January,
194l, tha nits was not amployad by any state da-
partmeat ard has not besn employed by any stats
dapartmant up until the present time. The hus-
band wqe anployad by a state dspartmdnt during
the month of January, 19&l, had bean employed iOx?
a numberof years prfor thereto and has bean rsgu-
tfanorabiaGee. H. Sheppard - paga 2 I"
larly and oontinuously smployed by the sam
state department slnoe January, 1941. Tha
wife is now offarad employment by a differ-
ent state department than that in uhioh bar
husband ia employed and desires to eooapt the
offered amployment.
Would tha aao8ptanoe Of this after of
employment by the wife in thLs iqstanoe oon-
,fliotwith the rldar to the Ganaral Appropria-
tion Bill oovarlog the restriction with refer- _
81108 to the amploym8nt of husbahd and wife by
the state, or does the wife ooma within the
exemption above q,uotadP
Your qU8stfOn should be anavered fn the nsgatlra.
The rdatriotion of the rider has no applloatlon to tha sftua-
:. tion outlined by you. Our opinion No, O-378
28 19&l, addresssd to yog, daoidas the prea r.Mder8d
.qUaotiOIi,
Ju4
a8
f&m:
*Ke arksfur.therof the opinion that si~or
tha wif8 16 within the PTOVlSO, and the QVJh$-
bItion ia bihttsral, th6 riQqr 086 not b6 a
puad to th8 husband. %'Odo.80 WO@d put t&4
department heads nor the husband end wifa to
their 8laetion~as to whloh 8hould be rrklned
In tha Stata. employ, qnd thir would be to ap-
ply the Act to the ex8mpted parson in tiolatloJ3
of the terms of the prori8o."
VeZy trUlf tOUl’8 i
ATTCRX'EYGIKWERALOF!CXAS
BY /a/ ooie'spa(a
A88i8t8llt
Apprwed Am 13, 1942
f&over Sellers
First +88i8tant f&toWy General
Approved Cpinlon Committee
By B. W. B, ChaIrman
0. Pi. G.‘R.B.