Untitled Texas Attorney General Opinion ( 1964 )

EA QIRNE EXAS Honorable‘Eyron Tunnell, Speaker Texas~ House-‘Pi Representatives Austin, Texas Opinion NO, C-364 Re: Whither, under. the Constl- tution of ,Teziti,$, “a rebro- ,’sentative,Aelect Iwoul^d:be entitled’ to receive’ a ‘salary for being s~*iloyed’~as a teacher in an indepehdent : school, district at any time ‘dur$ng his. term of Yofflce~ as Dear Sir: a member of the Legislature. You haie requested the ojpinlon ,of this office as to whether the~Constitutlon of Texas will permit-‘a representatlve- elect to receive a salary for h’is employment as ,a,teacher in an, lndeben’dent school district’ at any time Uurlng. his term of office as a member of the Legislature. SectPon 33 of Article XVI of the Texas Constitution is quoted in part as follows: I’ “Sec. 33. The Accounting Officers o’f this State shall neither drirw nor pby a war- rant upon the Treasury in ‘favor ‘of any per- son, for salary or compensation as agent, officer or appointee, who holds at the same time any other office or position of honor, trust or profit, under this State or the United States, except as presc,rlbed in this Constitution’. 0 V ,*I’ Tn Attorney General’s Opinion O-4433 (1942),,wrltten by Judge Ocie Speer during the administration of the Honorable Gerald C. Mann, It was held, that the position of teacher In an independent school district was a posftfon of honor, trust or profit within the terms of Section 33 of Article XVI. Therefore, since the positions of legislator and teacher are both positions of honor, trust or ‘profit, one person may not at the same time. hold both posltions: In answer to your specific question, ‘this Ron. Byron nmieli,'&ge:2 (c-364) office 1s constrained to holdthat a representative-elect would not be entitled to receive``a ~aalary``for hia employment as a '`` teacher by an independent school 'district ate any time during his term of office as a member of the Legislature. SUMMARY A representative+slec,t wculd,not been- titled to receive a salary for his empIoyment as a teacher by an independent school 'district at any time during his term of office as a mem- ber of~the-'.Legislature, by virtue of the.prohlbl- tlons contained in Section 33, Articl~e XVI, Texas Constitution. Very truly yours, WAGGONER CARR Attorney General MLQ:ms BYdu&Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Bill Osborn Grady Chandler W. 0. Shults Arthur Sandlin APPROVEDFOR THE ATTORNEY GENERAL By: Stanton Stone -1728-