Untitled Texas Attorney General Opinion ( 1976 )

THE ATJXDWNEY GENERAL ., , ..,’ OF ??l-CXAS AUSITBN. rIExAm 78711 A-mI(IIIy O-AI. June 3, 1976 The Honorable Henry Rothell Opinion NO. 8-332 Administrator Texas Employment Commission Re: Limitationon Doliti- Austin, Texas 78770 cal activitiesof employ- ees of the Texar Employment Commission. Dear Mr. Rothell: You have requested our opinion regarding the statutory limitationon certain political activities of employees of the Texas Employment Commission. Article 5221b:9(d)provides, in pertinent part: The Commission shall not employ or pay any person who is an officer or com- mittee member of any political party organisation. In light of this provision, you ask whether an employee of the Commissionmay serve as chairman or other officer of a political precinct or as a delegate to a county, state or national party convention. In our opinion, it is evident that,.aCommission employee may.not-serveas a precinct officer. Article 13.34(c) of the Texas Election Code makes clear that a precinct chairman is an "officer . . . of [a] political party organization." A convention delegate, however, occupjcs a somewhat different status from that of an “officer.” A "delegate" is defined in common usage as "a person sent and empowered to act for another . . . as a representativeto a convention or conference (as of a political party)." Webster's 38 InternationalDictionary (1961). Article 13.34(c) of the Election Code prescribes the qualificationsfor serving as a delegator p. 35412 The Honorable Henry Rothell - page 2 (H-832) The only qualificationsfor serving as a delegate to a county or senatorial district convention, or to a state convention,are that the person be a qualified voter residing within the territory which he is selected to represent and shall be affiliatedwith the party as prescribed in section 179a of this Code. See also art. 13.34(h). Furthermore,no part of the mc= Code even implies that a delegate necessarily occupies the status of "officer." As to persons nominated as delegates to a national convention,the Election Code provides that they are those persons nominated by the delegate selection committeesof the presidentialcandidates who qualify to participate in the presidential primary in accordance with Subdivision 3 of this section, and are pledged to the presidentialcandidate on whose behalf they are nominated. Art. 13.5&a, subdivision2(b). It is thereforeour opinion that a delegate to a county, state or national party convention is not, by virtue of his status as a delegate, an Hofficer or committeemember of [al pclit- ical party organization." Accordingly,an employee of the Texas EmploymentConxnissionis not disqualifiedfrom serving as such a delegate. '~~. SUMMARY An employee of the Texas Employment Commissionmay not serve as chairman or other officer of a political precinct, but may serve as a delegate to a county, state or national party convention. Attorney General of Texas The Eoaorable Xenry Rothell - page 3 (H-832) Opinion Committee jwb p.3514