Untitled Texas Attorney General Opinion ( 1958 )

Honorable Jim Bates Criminal Dlstrlct Attorney Hldalgo County Edlnburg, Texas dpinion NO. W-396 Re: Questions oonoernlng the ellglbllltgof certain indl- viduals to hold, at the same time, the office of a member of the Board of Regents for Fan Amerlaan College at Edln- burg and City Commissioner Dear Mr. Bates: for the City of Mission. You have requested the oplnlon of this offioe on the following questions: 1. Ihe ellglbllltyof aertala lndlvldualsto hold,, at the same time, the office of a member of the Board of Regents for Pan Amerlaan College at Edinburg, Hldalgo County, Texas, and City Commissionerof the City of Mission, Texas. 2. The ellglblllty of one to hold, at the same time, the office of a member of the Board of Regents for Pan Amerloan College at Edlnburg, Hldalgo County, Texas, and Chairman of the Democratic Executive Committee of Hidalgo County, Texas. Since receipt of your request by this office, you have advised us that the second question has, or ia about to beoome moot, because the term of office of the Individual In question as a Regent of Fan Amerlaan College is expiring this month, and the time for announcing of candidacy for that office has passed without his announcing for re-eleotlon. You have, therefore, advised us that you do not desire to have the seaond question considered In this Opinion. We believe that the first question 15 specifically answered by Attorney Gener.?,l',s Opinion No. O-371 and a letter opinion, dated Karch 2'1,3956, and addressed to Honorable Robert Honorable Jim Rates, Page 2 (Wy3-396). S, Calvert, which cites several other Attorney General's Opinions which express the same view as that taken In O-371. In that Opinion, this office held that members of the Texas A. and M. College staff were not prohibited by Sections 33 and 40 of Article XVI of the Texas Constitution from holding offices in the town of College Station. We believe that Attorney General's Opinion O-371 cor- rectly states the applicable law, and you are, therefore, advlsed that it is the opinion of this office that one is not precluded from simultaneouslyholding the offices of a member of the Board of Regents for Pan American College at Edinburg, Hldalgo County, Texa.s,and City Commissionerfor the City of Mission, Texas. SUMMARY Sections 33 and 40, Article XVI of the Constitutionof Texas do not prohibit the simultaneousholdlng of the offices of a member of the Board of Regents for Pawn American College at Edinburg, Hldalgo County, Texas, and City Commissionerfor the City of Mission, Texas. Yours very truly, WILL WILSON Attorney General of Texas f By pl H cJIld&, y: B. H. Tlmmlns, Jr. BHT:,j> Asstatant AFPHOVED:: OPIN'LONCOMMITTEE Geo. Pi Blackburn, Chairman 5. Arthur Sandlln Marl,ettaPayne Fred Werkenthl~n K,.P. L,rlll,?r RWIEWEP FOR THE ATTORJKY GENERAL E!Y: W. V. Geppert