Untitled Texas Attorney General Opinion ( 1959 )

THE.'A~ORNEY GENE- OP !IJExAs AUSTIN aa. TEXAS WILL WILSON A-RNEY GENERAL June 8, 1959, Honorable Rack H. Hannah;'Jr. Chairman, Board of Director.? Texas Southern University Houston, Texas Opinion No. W-639 Re: Whether the President of Texas Southern University may be issued his salary voucher while serving on Dear Mr. Hannah: the National Science Board? In your letter of,May 23, ,1959, you state that Dr. S. M. Nabrit, President of Texas Southern University, has been informed by the Comptroller of Public Accounts that his salary voucher for the month of May could not be paid because of his service on the National Sci'ence Board. You seek to be advised as to whether such is the case. The National Science Board is established pursuant to Title 42, Chapter 16, Sections 1861-1875,United States Code Annotated, which provides in part as follows: "Sec. 1861. There Is established in the executive branch of the Government an independent agency to be known as the Natlon- al Science Foundation (hereinafter referred to as the 'Foundation'). The Foundation shall consist of a National Science Board ~;~;i;;;``ge;erred to as the ;Board') 'Sec. 1863. (a) The Board shall con- sist of twenty-four members to be appointed by the President, by and with the advice and consent of the Senate, and of.the Director ex officio, and shall, except as otherwise provided in this chapter, exercise the authority granted to the Foundation by this chapter. . . .' Honorable Ma& Ii. Rannah,~Jr.,’ page 2. (ww-639 1 “Sec. 1873. (d) The members of the Board,, and the members of each divisional committee, or special commission, shall receive compensation at the rate of $25 for each ,day engaged in the business of the Foundation pursuant to authorization of the Foundation, and ,shall be allowed travel expenses as,authorized by section 73b-2 of Title 5," Without deciding whether Dr. Nabrlt is filling a “~1~11 office of emolument” by serving as a member of the Board, as envisaged by Section 40 of ,Artlole XVI of the Constitution of Texas, we are compelled to advise you that your question is controlled by Section 33 of Article XVI of the Constitution of Texas, which reads in part as follows: “Sec.. 33. The Accounting Officers of this State shall neither draw,nor pay a warrant upon the,Treasury in favor of any person, for salary or oompensatlon as agent, offker 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 prescribed in this Constitution. It will be noted this section does not forbid the hold- ing of such dual offices or positions of honor,, trust or profit, under this State or the United States, but It does forbid payment by warrant upon the,Treasury. in favor of such ,person for salary or compensation ~whatsoever. (Attorney General’s Opinion O-5157 (19431.1 The President of Texas Southern University is paid a salary from the State Treasury. (House Bill 133,,Acts 55th Legislature, Regular Session, 1957., Ch. 385,.p.. 1123; the Qen- era1 Appropriation Bill.~) Withoutdeciding whether Dr. Nabrit is holding an “office of profit or trust” as provided by Sec- tion 12 of Article XVI of the Constitution of Texas, it cannot’ be questioned thata member of the,Natlonal Science Board Is serving in a position of honor, trustor profit. The commonly accepted indicla of such a’position ap- pear ,in the present case. Appointment, ~1s ,jnade bye.the President of the United, States, and the office ,requiresSenate confirma- tion. Travel expenses and a per diem ~allowanoe1 Is provided. It is regrettable that the high importance of the office held . - .. . . . Honorable Maok H. Hannah, Jr., page 3. (w-639 1 by Dr. Nabrit'and the attending honor and prestige accruing, not only to Texas Southern University, but to the educational system of the whole State of Texas, requires that we inform you that the provision of the Constitution of Texas above quoted prohibits a warrant for payment of salary from being issued to Dr. Nabrit so long as he remains on the National Science Board while serving as President of Texas Southern University. We attacha copy of Attorney General's Opinion No. o-6232 (1944) which compiles some of the former opinions by this department to show the frequent recurrence of this question, and to illustrate the respective, factual situations Involved. Dr. Logan Wilson, President of the University of Texas, has been tendered an appointment on this same Board. We,are sending hlm~a copy of this opinion. SUMMARY Section 33 of Article XVI, Constitution of Texas, prohibits the Comptroller from Issuing a salary warrant to the President . of Texas Southern University while he serves as a member of the National Science Board. Yours very truly, WILL WILSON Attorney Cleneral of Texas TIM:sd:zt Enclosure APPROVED: OPINION COMMITTEE Gee. P. Blackburn, Chairman Houghton Brownlee, Jr. John Reeves Leonard Passmore C. K. Richards REVIEWEDFOR THB ATTORNEY GENERAL BY: W. V. Geppert