Untitled Texas Attorney General Opinion ( 1971 )

.b,MTlX. TXXAH ?‘t+?‘l1 IpAw’Fo- c. MAHTIX *-am.su a~.``RAL March 17, 1971 Ron. Bevlngton Reed Opinion No. M,-813 Commissioner Coordinating Board Re: Eligibility of the Texas College and University System Executive Director 0 Capitol Station the Communit Action Austin, Texas 78711 Council (OEOY to ser on the governing boa Dear Mr. Reed: of Bee County Colleg You have requested an official opinion from this office concerning the above subject which is restated as follows: ‘Is the Executive Director of the Community Action Council (OEO) eligible to serve on the governing board of Bee County College?” Factually you have furnished me with the following in- f&nation: (1) The Executive Dlrector’is paid entirely with federal funds. (2) A member of the governing board of Bee County College meets monthly with the board and receives no compensation for his services. (3) The College District for the purposes of taxation for the benefit of said College en- compasses all of Bee County. (4) The College District over which the board governs is not a sponsoring agency for the Community Action Council (OEO). Since the Bee County College District Is not a sponsorin agency for the Community Action Council, there Is no conflict of Interests between the College board membership and the job as Executive Director of the Community Action Council In duties to be performed or in regard to dispensing or receiving money. This factual situation is clearly distinguishable from that presented 1 Attorney General’s Opinion No. M-714 (1970), wherein a member of t City Countll, a sponsoring agency of the Community Action Council, -3945- Hon. Bevington Reed, page 2 (M-813) was held to be disqualified from serving as the Executive Director of the Council. Under the facts herein set out, there Is no violation of the dual office holding provisions of Article XVI, Sections 12, 33 or 40 of the Texas Constitution , and there is no violation of Article 6252-9, Vernon's Civil Statutes, dealing with the standards of conduct for officers and employees of state agencies legislators, etc., as to conflict of interests. Nor Is there soy lncompatlblllty under the common law. SUMMARY The Executive Director of the Community Action Council (OEO) Is eligible to serve on the governing board of Bee County College, the College board not being a sponsoring agency for the Community Action Council. Respectfully submitted, CRAWFORD C. MARTIN1 Attorney General of Texas First Assistant Prepared by Sam Jones Assistant Attorney General APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Houghton Brownlee J. C. Davis Ralph Rash R. D. Green ALFREDWALKER Executive Assistant -3946-