Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable C. Burtt Potter Cc’Ut~ Attorz#~ San Patriot0 county Sinton, Tear mar Sir: that the towsto rblah you refer fa nt rchool dirtriot and that ame of the in&6 er the indopendsntrohQol Qlstrlat the bqndlprlerrof ~818 olty, althawb it 80 eta?& Idiplr letter. Artfala 16, Beation 40 ot tha Teraa conotitutfon provide8 in par&r “Ho p er eolh8ll n hold or ermols~, at the mae time. more than one olril oftiae of ozaoluwnt,except thet Or justios of the peaae, ocaaty ocmraisoloner, notarp pub&lo and pastma8ter * * *.s Honorable C. Burtt Potter, Page 2 Although an ofrice map not be a oiril offloe of emolument so es to ems within this conetltutionelprohibition, 'itIs well settled In our caee law that two office8 may not be held at the aume time by the oame person ii they are in- ocmpatible although one or both of said ofrices may not be 0frhe8 of emolument. In the aa8e of Thcmas v. Abernathy County Line In- dependent Sohool Dlstriat, (Coimn.App. 1927), 290 S. 'B.152, it was held that the offiae of aity oouncilpanand aldermen are lncanpatlblewith the oiiioe of school trustee and cannot be held at the saam time by one person. Fe think the reasons dssigned in this ease for holding the oiiiaes inocmpatible would be equally applloableto the offiae of mayor of a town. It la our opinion that the mayor of a town and a city ocmmissionerwould not be eligible to hold at the same time the office oi independentoohool district trtmtee, 6l- tl~oughneither oftioe pay8 a ealary. Yours very trialy