Untitled Texas Attorney General Opinion ( 1944 )

Ron. Joe Beatg County Auditor Stephens County Breckenrldge, Texas Dear SFr: Opinion ~6. 0-6240 Re: Is office of county commFssioner vacated because such commlsslon- er also accepts private emplog- ment? Your original opinion request and also your letter supplying additional Information have been received in this office. The question submitted by you is, in substance, as follows: Can county commissioner hold office and receive compensation from county while also be- ing privately employed for servfces without the scope of his official duty on job requiring ap- proximately eight hours of his time per day, and drawing a regular salary for such private em- ployment? "In other words can he legally hold two jobs at the same time?' We believe the sole question raised by your communica- tion is whether such county commissioner vacated hls office by reason of his employment in private business. There Is not presented thereby the question of simultaneous tenure of more than one "civ11 office of emolument" for the primary reason that there is only one "public office" involved. FOP the same reason, the question of "%ncompatibilitg of offices"is not presented. The other employment of such commissioner is of a private nature only and does not constitute holding "office". See "Public Officers", 34 Texas Zurisprudence. Under well settled principles of law, we must presume, In the absence of facts to the contrary, that the county com- missioner In question is discharging the duties of the office of county commissioner in a lawful manner. Therefore, from the facts submitted, we belleve that the private employment of a county commissioner would not of itself constitute abandonment of his office so as to create a Hon. Joe Beaty, page 2 O-6240 vacancy thereof. Our specific answer to your question, re- stricted to the facts stated and assumed, is in the affirma- tive. Trusting the foregoing fully answers your question we are , Yours very truly ATTORNEY GENERAL OF TEXAS By s/Robert L. Lattimore, Jr. Robert L. Lattimore, Jr. Assistant RLL:rt:wc APPROW NOV 8, 1944 s/Grover Sellers ATTORNFX GENWAL OF TEXAS Approve Opinion Committee By s/BWR Chairman