Untitled Texas Attorney General Opinion

Honorable J. J. Brown, Director Cripp'ledChildren's Division State Board'for Vocational gducation Austin, Texas Dear SIP: Opinion No. O-3788 Re: Whether DP, J. M. Coleman may be emPloyed as medical consul- tant In the Crippled Children's Division of the Department of Education while also serving as director of the Maternal and Child Health Division of the State Department of Health. Your letter of July 16, 1941, requests the opinion of this department with reference to the following matter: Dr. J. M. Coleman Is presently employed as director of the Maternal and Child Health Division of the State Department of Health. It,Is proposed that he be employed to serve as medical consultant in the Crippled Children's program admlnisteped by the State Department of Education, under the pnoposed'arrangement that he will give fifty pepcent of his time to this dlvisfon and the remaining fifty percent to the State Department of Health. You further state that Dr. Coleman's salary in both positions would be paid entirely from federal funds granted~to Texas for carrying on these two pro- grams ,> Upon this state of facts you inquire as to the legality of this proposed arrangement. Section 33 of Article 16 of the State Constitu- tion provides: "The accounting officers of this State shall neither draw non pay a warrant upon the treasury In favor of any person, for salary on compensation as agent, officer OP appointee, who holds at the same time any other office OF position of honor, Honorable J. J, Brown, Director, Page 2 trust,OF profit,'under this State OF the United States, except as prescribed in this Constitution." There are certain exceptions provided, wblch, however, are not material to the question under considera- tion, In our opinion No. -2607, we considered this constitutional provision, as t applies to the holdllng of two positions under this State. In that opinion, we held that a physician employed part time by one institution of the State, who accepts and holds a siml- lar place In another institution at the same time, can- not receive salary OF compensation from the State for either position during the period of time that both are held. The conclusions expressed in that opinion are applicable to the question presented by you. If Dr. Coleman, while serving as director of the Maternal and Child Division of the State Department of Health, should also serve as medical consultant in the Crippled Children's program of the State Department of Mucation, giving half of his time to each position, the accounting officers of this estate, by virtue of the provisions of Section 33 of Article 16 of the State Constitution, are prohibited from drawing or paying a warrant upon the Treasury In favor of Dr. Coleman for the salary OP compensation attaching to either position during the period of time that,Dr, Caleman holds both positions. The fact that the funds from which the salaries are paid are derived by grant from the federal government to the State of Texas does not affect the ques- tion, These federal monies are granted to the State and become State funds, Impressed with a:trust. !lheyare deposited in the State Treasury, and are withdrawn by warrant Issued and paid by'the accounting officers of this State. Yours very truly ATTORREY GIRIRAL OF TEXAS By (Signed) R. W. FAIRCHILD RWF:mp Assistant Am APPROVTD AU@. 21, 1941 APPROVED Opinion Committee GERALD C. MAWR By C.g.C.,Chalrman torney General of Texas