THE AT-E-QRNEY GENERAL
OFTEXAS
AUSTIN n,.T~xan
GERALD C. MANN
A.l-roRNRY G~NBxcAI.
Honorable E. G. Moseleg
Civil District Attorney
Dallas, Texas
Dear Sir: Attention: Mr. David M. Weinstein
Opinion No. 0720.61
Re: Under the facts stated, are
the levy Fmprovement district
supervisors, appointed under
Article 7987, Vernon's Anno-
tated.Civi.1Statutes, holding
two civil offices of emolu-
ment, in violation of Section
40, Article 16, Constitution
of Texas
By your letter of June 13, 1940, and att,ached
brief and copies of pertinent papers and records, gou sub-
mit for our consideration and opinion the following question,
which we quote from said letter:
"We would appreciate your immediate advice
in regard to the following proposition, yhich Is
of material importance to us here.
"We have filed suit for collection of de-
linquent taxes on certain properties located in
the Dallas County Levee Dlstrlct No. 5. The
attorneys for the Levee District have been attempt-
ing to work out a reorganization of the District
in order to satisfy bondholders as well as all
taxing units. In this connection we have co-
operated fully with them, for if the plan is suc-
cessful, the State and County will be able to
collect some $16,000.00 in delinquent taxes aa
well as putting the property on a current basis
in the future.
"In working out thenecessary details,,we have
found that the Dallas County Commissioners' Court
had appointed three supervisors for'Levee District
No. 5. The same order appointing two of the three
supervisors also appointed the same men as super-
Honorable E. G. Moseleg, page 2 o -2061
visors of the City and County Levee District,
which District is distinct from Levee District
No. 5s The third man has attempted to qualify
simultaneously in both Districts. These same
three men are therefore at this time attempt-
ing to hold and exercise the offices of super-
visors of two distinct levee districts.
"Inasmuch as It becomes necessary to obtain
certain orders from these supervisors; the;ques-
tlon has arisen as to whether or not these men
are holding two civil offices of emolument con-
trary to.,thelaw.
Section 40, Article 16, Constitution of Texas, pro-
videg that "no person shall,hold or exercise, at the same
time, more than one ciid.1office of emolument, except," etc.,
said section naming certaLn specific officers which are ex-
cepted from this prohtbition.
Article 79@., ~Vernon'a Annotated Ci.vilStatutes,
provides as follows:
"When a levee improvement district ha.8been
created under this Act, the court creating the
same shall fprthvlth appoint by a majority vote
three supervisors for such district, who shall
be known as 'district supervisors,' and whose
duties shall be as hereinafter provided. Said
supervisprs shall each receive for his services
not more.than five dollars per day for the time
actually engaged in work for said district, and
all expenses while so engaged, to be paid upon
rendition of sworn~accounts, approved by the
county judge of the county having jurisdiction;
and-they shall ,holdtheir offices for two years,
and until their successors are appointed and
qualified; unless sooner removed by a majority
vote of the court of jurisdiction; and any
vacancy in office shal.1be filled by a majority
vote of the court havfng jurisdiction which
court shall continue from time to time to appoint
supervisors in order that the board may always
be full." (Underscoring ours)
.* It is our opinion, and you are accordingly aavlsea
that under the foregoing,constitutional and statutory provl-
sions, the levee Improvement district supervisors named in
Honorable E. G. Moaeley, page 3 0-2061
your letter are holding and exercising, at the same time,
'more than one civil office of emolument," and since this
off-iceis not one of those excepted In Section 40, Article
16, Constitution of Texas, the simultaneous tenure of these
two officers is contrary to Section 40, Article 16, Consti-
tution of Texas.
Upon thLs question we quote from 34 Tex. Jur. 349,
as follows:
"The Constitution applies only to offices
of emolument. 'Emolument' means a pecuniary
profit, gain, or advantage; hence the same per-
son may hold two civil offices where no pay,
compensation or pecuniary gain attaches to one
of them, provided they are not incompatible."
This constitutional prohibition has been held to
apply to the officers of municipal corporations, 38 Tex. Jur.
2~6, and to the officers of fndependent school districts.
Pruitt, et al, vs. Glen Rose Independent School District No.
1, 84 S.W. (2a) 1004; Odem vs. Independent School District,
234 S.W. 1090. Levee improvement districts, created under
the enabling provisions of the Constrtut1on and pertinent
datutes, are regarded as public corporations and as govern-
mental bodies or agencies. 27 Tex. Jur. 441-442. Ana while
no authorities of this State have extablished that the of-
ficers of such levee improvement districts, including the
"awrrct supervisors," hold civil offices of emolument,
withfn the meanFng of Section 40, Article 16, Constitution
of Texas, prohfbiting the holding, simultaneously, or more
than one of such offices, we think this conclusion would
necessarllg follow from the cases holding municipal corpor-
atIons an3 school districts to de within this constitutlon-
al provision.
Despite the similiarity of their origin and pur-
poses, Dallas County Levee Improvement District No. 5 and
City and County of Dallas Levee Improvement District are
entirely separate entities and bodies corporate and politic,
so that a person appointed %istrLct supervlsor" in and for
one of usch districts, could not constitutionally hold and
exercise, by appointment of the commissioners' court, the
offfce of "district supervisor' of another and different
levee improvement district. The fact that the same statutory
duties, 08th and bond are required of the person appointed
to fill these two places does not prevent their being 'more
than one civil office of emolument," within the meaning of
Section 40, Article 16, Constitution of Texas.
Honorable E. G. Moaeleg, page 4 0-2061
The office of "district SupervLsor" of a levee Fm-
provement~distrlct carries with it the emolument and pecu-
niary gain OP profit provided by Article 7987, Vernon's
Annotated Civil Statutes, hereinabove quoted, and is a civF1
office created for the proper functioning of a governmental
body or agency, and the persons named are clearly not en-
titled, under the Constitutfon of Texas, to hold at the same
time the offices of "district supervisor" of two separate
alstinct levee Improvement districts.
Trusting the foregoing fully answers your inquiry,
we are
Yours very truly
ATTORNEYGENERAL OF TEXAS
By a/Pat M. Neff, Jr.
Pat M. Neff, Jr.
Assistant
APPROVED JUNE 20, 1940
s/Gerald C. Mann
ATTORNEYGENERAL OF TEXAS
Approved Opfnion Committee By s/BWB Chairman