Untitled Texas Attorney General Opinion ( 1944 )

OF TEXAS Honorable T. M. Trimble First Assistant, State Superintendent of Public Instruction Austin, Texas Dear Mr. Trfmble: Oplnlon NO. o-6265 Re: Whether or not a member of the House of Representatives may serve at the same time as a member of the Board of Trustees of an independent school district. the following for an opinion from this ae- You p-ropoun'a partment: "At the request of Mr* W. B. Wllkerson, Super- interdent of the Bryan Independent School Dlstrlct, I am submitting the following question for your con- sideratlon ana opinion: "'Can a member of the House of Repre- sentatives continue to serve as a member of the board of trustees of an independent i school district?'" Our reply is that a member of the House of Representatives Is not forbidden to serve at the same time as a member of the Board of trustees of an independent school atstrict, but he may not draw from the State treasury any pay or compensation for his services as a member of the Legislature while holding at the same time the position of trustee of such independent school dis- trict. We have several times held that the position of trustee of a school district 1s not an "offlce of emolument", under Sec- tion 40 of Article XVI of the Constitution which forbids the holding at the same time of two clvL1 offices of emolument in this State. Section 33 of the same Article, however, contains the pro- vision that, "The accounting officers of this State shall neither draw nor pay a warrant upon the treasury in favor of any person, Honorable T. M. Trimble - page 2 O-6265 for salary or compensation as agent, officer or appointee, who holds at the same time any other office or posltion of honor, trust or profit, under this State * * * *." The office of trustee of a school district is undoubtedly a "posltion of 'honor' and 'trust", from which It follows, as above stated, that while holding such positlon of honor and trust the holder could not receive pay from the treasury as a member of the House. Very truly yours ATTORRRY GENERAL OF TEXAS By s/Ocie Speer Ocie Speer Assistant OS-MR-WC APPROVED NOV 15, 1944 s/Grover Sellers ATTORNEY GIL OF TEXAS Approved Opinion Committee by s/RUB Chairman