Untitled Texas Attorney General Opinion ( 1940 )

871 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN aonorablr 940. 2. Sheppard Comptroller OS Publio Aaoounta Austin, Texaa Dear Ura Bbeppardr rcnuaatanceo stated. ober 2, 1940, requoating 11 please adrlre ii 186 this a4count by la14 12 OS the Con- ter iiancoskis Criminal Nstrict Attorney We alair referred to 18 Sor his proSee- emd in a eau8e wherein the State of Texas eSondant, pending at Taxahachie, 21118 County, Xour letter doom not so state, but 80 4r4 kdvised Hr. Forrestor ow into the cam at ths requsot of Hr. lliohanl CoOk4r .&wistant Attorney Benera OS Texas, lrh0 was handling ths doions of ths oam. Hr. Hancock has never been an Asslst- ant to the Attorney General. 848tion 22, oS Artiole XVI, OS the Constitution, reads as sollowsl . 872 Bon. 680. Il. Pheppard - Pago 2 'The Accounting OfVIcerr 0S thI8 state shall neither dram nor pay a warrant upon the Treasury in favor 0S any pereon, Sor salary or compensation as 8gent, 4ffl44r or appointee, who hold8 at th4 same tlsm any other oSSi44 or poeitloa OS honor, trust or profit, under thi8 St8te or the United stateu, esc.epta8 preocribed IB thi8 Con8tltut3.oa.ho~Id4d,thatthI8 reetriotion a8 to the drawing snd paying OS warrant8 upon the Treasury shall not apply to offloers of the National Ward of Toxas, the llatiooalGuard Re8ene, the of- fleers Besene Corps OF the United State8, nor to 4nlIsted sn3nof the IlationalGuard, the IlatlonalGuard Roseme, and the 0rgan- lred R48eme8 0s the United Statea, nor to retiretdoffiooro of the UnIted Gtate8 b-my, Navy, end MarIn Corps, and retired warrant 0SSIoero and retired enlI8ted mm of the United States Army, HaTy and Uuine Corpsru That part of the section which PorbIda the drawing Or paytint of a warrant a@nst the public funds of tho State to pay to any person be 'agent, offloer or appointee*, undoubtmlly cwe!=8 the preoeat tam for Xr. EanOOCk Is an OSflaer -- Criminal Mstriot Attorney -- whom compensation Is fixed by atafufs~ We do not be- lieve, however, that his emplOyment as an attommy In one ease trde him the holder OS another soSf+Iaeor posi- tion OS honor, trust or profit.. Xf that were the oaso, orery praotloing attorney would hold as many spositions + 6 % under the 8tateP as be had client8 with p4mlIng suits l ShIs Is not the meaning of the word sposItIon* In this conuoction. -: The case Irmolrlng the question of Tee to Hr. Hancock was a oiril aotion agaainstthe State, by par- mIssIon of the Leglrlature, for d8nagse Incld4nt to the oonstruotion of a highway and wa8 not one whloh the Crlzdnal Metriot AttWn4y iOr Ellir County ua8 oalled upon to detond. 20 that, ansrering your quertion rp4oISIoally, this dspartmont I8 OS the opdnion that saotion 33, OS 873 Eon. 6eO. Ii.SllOppard* PagO 3 Article XVI, of the Constitution Pifords no obstacle to the i86UtUIC6of a warrant In pym3nt 0S the lo o o unt tendsred. Very truly ~0lWS A'fTOlW3X 6KYERAL OF Tf3X.U , OS-mR APPROVEDNOV 25, 1040 /@L-U-U.- ATTORNE? GZ3R.S OF TEXAS