TRR’ A'ITORNVEY GENERAL
*’
OF TExA#
, .
Aurrrw. TNXAEJ 7SVll
February 14, 1973
HoMrable Bob ~Armrtrong Opinion No. H-10
Commirrioner, General Land Office
Archive6 and Library Building Rt: May a ltate employee,
Aurtin, Texan luch l e the recrctar.y
of a Texas legirlrtor
or a member of the
Governor’8 rtaff, ~.*erve
at the ram time am
a director of the San
Dear Mr. Armotrong: Antonio River Authority? It
In your recent letter you arked for our opinion on the following
question:
‘May a state employee, such ae the recretary of
a Texae legislator or a member of the Governor’r rtaff,
nerve at the ame time se a director of the San Antonio
River Authority? I’
In the general election in November, 1972, the people of Tows
adopted an amendment to Section .40 of Article 16 of the Constitution
of Texar providing an exception to the prohibition of that Section
that “no ,person rhall hold or exerciee at the earn time more than one
civil office of emolument. . . .‘I The new exception ir:
‘Watt employeer or other individurlr who receive
all or part of their compenration either directly or indirectly
from funds of the State of Texas and who are not State ’
officerr, lhall not be barrad from lerving a~ memberr
of the governing bodice of school dirtrictr, citier, townr,
or other local governmental dietrictr; provided, however,
that much State employear or other individuals ahall’receive
no rrlary for serving am mcmberr of ruch govurning
bodice. It
-43-
Honorable Bob Armrtrong, page 2, (H-10)
Thir provirion rleo rerver &e an exception to the lep&r&tion of
powerr of Article 2, Sectiti 1 of the Conrtitution of Texae.
If there ir no incompatibility be~een the officer (A fact quertion
&I which we exprear no epinion), and ifno relrry ir t&ken for reiving
on the Authority, it ie our opinion that A recretary to A Texer legirletdr
or l member of the Governor’r staff would be entitled to ler ve 8~ ~“director
of the San Antonio River Author.ir)t;.
-SUMMARY-
Section 40 of Article 16 of the Conrtitutlon’of
the State of Texas rpecifically provider that State
employtee who are not State officerr ehall not be
barred from rerving a# membere of governing bodier
of local governmental diltrictr and, therefore, 8.
recretary of % Texar.legirlator or i meber of the.
Governor’r lt8ff. not 8 rt8te officer, m8y itrye rt
the orme time AI A director of the Sm Antonio Rive;
Authority.
Very truly your8,
Attorney General of Taxam ’
APPROVED:
, .
DAVID M. KENDALL, Chairmen
Opinion Committee
-46