Hon. T. J. Crowe Secretary Opinion O-3045
Texas St$te Boar4 of Medical Re: Authority of accounting
Examlnmrs officers of this State to is-
Mercantile Building sue warrant for salary to an
Dallas, Texas Investigator for the Texas
State Board of Medical Exami-
ners who holds a commission
Dear Sir: as Special State Ranger.
We have your letter of January 15, 1941 wherein you ask
the opinion of this department upon the ques c ion whether an
Investigator for the Texas State Board of Medical Examlmrs
may hold a commission as a Special Texas Ranger at the same
time, and continue to draw his salary as investigator.
Section 33 of Article 16 of the Constitution provides in
part as foll@war
“The accounting officers of this State shall
neither draw nor pay a warrant upon the Treasury
in favor of any person, for sslary or compensa-
tion as agent, officer or appolntee, who holds at
the same time any ether office or posltlon, of
honor trust or profit, under this State or the
United States except as prescribed In this Con-
stitution. ** 3 ”
Section 33 contains certain exceptions, none of which are
materj,al to the subject of your inquiry.
Skepecial Texas Rangers are appointed by the Public Safety
Commission under the authority of Vernon’s Civil Statutes, Arti-
cle 4413 (ll), Section 5, which seatlon reads as follows:
“Special Rangers: The Commission shall have au-
thority to appoint suah number of Special Rangers
as may be deemed advisable, not to exceed three
hundred in number; such Rangers shall not have any
connection with any Ranger Company or Highway Motor
Patrol, but they shall at aJ.1 times be subject to
the orders of the Commission and Governor for spe-
cial duty to the same extent as the other law enforc-
ing officers provided for in this Act; such Speciti
Hon. T. J. Crowe, page 2 (o-3045)
Rangers, however, shall not have the authority
to enforce any laws except those designed to
protect life and property, and such Rangers are
especially denied the authority to enforce any
laws regulating the use of the State Highways by
motor trucks and motor busses and other motor ve-
hicles. Such Rangers shall not receive any com-
pensation from this State for their seraices, and
before the issuance of the Commission each such
Ranger shall enter into a good and sufficient
bond executed by a s,urety company authorized .to
do business in Texas In the sum of Twenty-five
Hundred Dollars, approved by the Director indem-
nifying all persons’ against damages accru 1ng as a
re suit of any illegal or unlawful acts on the part
of such Special Ranger. All Special Ranger Com-
missions shall expire on January 1st of the odd
year after appointment, and the Director can re-
voke any Special Ranger Commission at any time ‘for
cause, and such officer shall be designated iti the
Commission as Special Ranger ***If
We do not find It necessary to decide the question whether
a speoial Ranger in this State holds an “office” under this
State., Whatever may be the decision upon that point, it is nev-
ertheless clear that a Special Ranger does hold a “position of
honor and trust” under this State, and Section 33 of Article 16
therefore prohiblts the aticounting officers of this State from
drawing or paying a warrant upon the Treasury in favor. of any
person for salary or compensation as ,,investigator ,for your Board,
while such person holds at the same time the position of honor
and trust, of Speaial Texas Ranger. ”
That the efficiency of your investigators may be increased
by having them possess the authority of peace -officers is a mat-
tar which should be addressed to the consideration of the Legis-
lature,, which may, if it so desires, by law inve,st the office or
position of investigator for the Texas St ate Board of Medical Ex-
aminers with the authority of a peace officer.
“APPROVEDJAN 30,'1941 Yours very truly
/s/ Grover Sel~lers ATTORNEY GENERAL OF TEXAS
FIRST ASSISTANTATTORNEY By /s/ R. W. Fairchild
GENWAL Richard W. Fairchild, Assistant
APPROVED:C@&NI~~~~~TEE
BY: ,
RWF:EP:wb
Untitled Texas Attorney General Opinion
Combined Opinion