Untitled Texas Attorney General Opinion

i i jz, ,~ t ..\_ p \ ‘- &I r, OFFXCE OF THE AITORNEY GENERAL OF TEXAS t AUSTIN Bonorable P. 33. Edwarda, Chairman, State Pink BoXlTorm CoaanLssion P. 0. BOS I.581 San hntonio, Taras Dear kr. Edmwds: OpiniOB @O. O- zwd map he bc areling expenses his regular saSaryt s Department oon- aarning the abo following letterqt, has arisen, can com5ission or the State Depart- eivo an annual lug espmsee. I er of the Texas 1 do not receive ry aa P m%ber of the ere not a lsember of the. uld be rty duty as Chief In- Fink Bollror% Division oT tbe nt 0P Agriculture to attend hearings of the Pink Uollaorra Comlssion to give expert testimny ana roald, of ccurm, receive a regular salary and expenses. The questions aret '1. Can I smve as a cret;;bor Gf' ehe Stats Pink Boll~rorr CoMILission while being elrploy& by ths State Department ot' AgriouIturs, and Bonarable 8, 8. EdranisI GhaintPn, page 2 draw nq regular salary sn3 nece8saFy traveling expenses? Can I serve as a t;esjber of the “2. convcfasionif I drew only my regntar sal- ary but no travclinf: all~wrncc erOm the state of TexasP Your questions should bu anewred ir: the nega- tiTe. Seation 33 of Article XVI of the Constitution, insof’u as pertinent, IS 88 f0llOTSr shalt @The aaoounting neither the .treasury in faror salary S~pdH&G, or uo~penertion other offLce profit, l l vba hold6 officers of this State draw nor pay a warrant upon 0P any pemon, rlt the SapLB tfSi:e or pos%tian of honor, udder this Stat8~ or the United +,* SW trust or States, tar as agent, 0Pftaer or You, as an eniployee of the State Dapartaent of A@iCUl turt, rec%i~ve en annual salary end neuessary travel- ing expenses which are, of course, paid out OP the State treasury upon the warrant of the amounting ofPicers OS the State. You areI thercfor~e, an leppeintee*, rithin the nean- ing of Section 33, 2lec~berahI.p in the State F-ink Bollwarm Ccmassion is, we think, an office under this State, but ah~ether so OP not it is at least a lposition-* of honor and trust, within the u.oaniug of Yecticn 3.3, and the drawing or payment of a warrant uyc;n the treasury in pour favor on account af either offioe, appointmnt cr position is plainly Portidder: during the tir;e tie ~10 occupies such dual pGSitiOn6. This has been the uairorra hoMing ul” this Dryapt- Eerrt for &any years, beginniug perbaps aith the celebrated holUng of First Assistant C. LL. Cureton, the late Chief Justi UP thz r;u>rci;.c Court, in the aatter of Lieut.enant Governor Will 5. kagts’ servin:: as Prcf ee%:cr OC Jourr:allsm in the StatC Unip+PSity, While at tb5 sawe $in:c I~aldlng his dPi.ce of iAcut~mar!t tiev3rmr uf Texas, in the ciurse of which ocinicn Judge Curetoo said: sonorable ii. B. Edwards, Chairman, pitge 3 #It is very clear, thereeorz, that b;r. byea so long as he is Lieutenant Gofernor could not under the Constltutlr’m drw pay Proru the State, ns (3) ng:?nt, (2) officer, (3) appointee of thr Stat*. ‘As we hape before endeavorel to shoa that a professor in the University of Texas is an appointee, or ia a liaited sense an agent, A@. )tayos could,not draw a salary Pron the State as Professor of Journalist in &ha University. *rite aonveroe of the above proposl- tion Is also true, zuxl, therefore, Yr. &ayes, uo long as he was the agent or ap- pointee of the stat4 aa a Professor of Journ;llise in the Unltersitg, couki not draw his pay as Lieutenant Cio~ernor of the State, that baing an offic43 rithin the meanin 0P the Constitution. lTherefore should &‘A-. Lnyes accept the position of PraPessor aP Journalism in the University ami at the s91ce t&w hold ami esercisc tha dut.ties OP the of- Pice of Lieutenant Govsrnar, he could 3ot dron pay lor P_tther such 0Pt’ice or such p05ition.a (Gpinions Attorney Gener- al 1912-1914, p. 853).