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OFFICE’OF %‘HE ATTORNEY: ~GiNERAL OF TEXAS, 

AUSTIN 

WC- 

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"Keep in nind this is a gart-time job. I 

vrotid appreciate an izzmdiste reply on this in 

as nuch a3 I nunt s1~b2At ny list of employees 

for 1940-41 to t?e S"uate E3ard of Cmtrol fin a 

Pew a.3 ya . " 

Sections ?3 of Articie xv1 of the St3i.e Constitutijn provides2 

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Ronorable E. R. &right, Page 2 

*The accounting officers of ~this State 

shall heither draw nor pay a xarrant upon 

the Treasury in favor of any person, for salary or co.opensation as agent, officer or appointee, who .holds at the sue ti.m any other 

office or posItion of honor, trust or profit, 

under. this State or the. United Stat&, exoept 

as prescribad in this’.Constitution.n 

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There are certain eroeptions provided, lihioh, 

however, are not material to the question under oonsiaeri3tion. .~ 

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In oonetruing ~&constitutional pro&ions the 

interprettition to be,-placed upon the language used ---- -- la’in- _- 

tluenced by observing.the objeot sought to ba aoconplished 

aIId the evils sou&t to be alleviated or orevented.- When 

this general purpose is ascertained, the ianguage used is 

to he liberally Construed to the end that the objeot sought 

may. be effeotuated. It thus behooves us to discover the 

general purpose or polioy/tiought to be er;bodiad in Article 

16. Seation 33. 

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JEt is. clear that this seotion does hot seek to 

prohibit the serving of the State by one ‘individual in more 

than one oapaoity. The ;;rovision addresses itself only to 

the matter of oompehsatiqn. Thus, a Pan, Eay hold two oi’- 

rices, or an offioe mid a Rositioc of honor ena~trust under 

the State, if no compensation attaohes to either. place. But 

if he holds au office, or is an a;rnt or appointee; and to 

auoh.place cozpensation~attaches, he say not ba ~@,cI for 

services readered in that capacity during the period of time 

that he holds another position of honor or trust under the 

State or the United States. yron this geueralstatenient 83 

to what the section does and does not prohibit, v;e gather 

the general policy~e~bodied therein. This policy soezs obviously to be that no person should receive compensation 

froki the State for services to be rendered it, when during 

the tize such coxipensation is to beg earned such person, by 

accepting and holding another position under the State or 

--the United States, has obligated hjnaelf to render services 

in connect&m -4.th the latter position, so that he my not 

render full value in the first. capacity for the coaFensat.ion 

.which the State has agreed to psy. So con3trued, we find 

that the Section is but one of the clany in the Constitution 

-eekiug to placa every conceivable snfe3uard. About the ermditure of State mouios. So construed, this Section seeks 

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to avoid even the Sosslbllity that tho StAte &7 not rocoive a tull quid. pro '~20 fox srpenditures by my of COD 

-gonsutioa for.soAnricas to ts roodorod in one capaoity, by 

reason of t.ha pereoa sorvin~ in thet oa,=aoity- plnoiu~ hisself in 5uch a :psJ.tion that he my ba tezgted to ~ue@.cct 

tho duties of the 000 plaCs for the res~rslbilit~.ies' of tho 

oth0r. 

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AllAlpSl * ArtiClO~li, Saotiaxl 33, pl&iaoa thata 

C.n (a) officer, (b) agent, or (0) apgolntoo fox 

salary or c.oqwnsation 1s not oatitleb to rscoive pzqcent 

from tbs accountiq offiacrs of the State of suoh oongenaation if, during the saw ti3e that he holds the place fo 

which such sslarg or ccmpeosation atfaohes, he a130 fql.ds 

soy othsr office or positions of (a) hocor, (b) trust, or 

(0) jn?ofit~* 

An "offiosrr is one to whoza t.hore has boon deli; 

EAted r30i;l the sovereign fuuotfous oh govorment, to be 

ereroisoa by hi% for the ban::fit of the publio. It is 

cseated~ by 1~ nnd ezbodiiss the idea of continuing dutler, 

rsthsr than transitory,or tax~ornr;r authority. 34 Tex. Yur. 

pp, 3&j-326. 

Thou& every orficcr is an aseat of the Stats, 

every agofit OX the St&e is not aecessn~rLly an oflicor. An 

offloo eiibraooa~ the idea of tenure--an aseuoy !zay sxiet. in 

respeot to a single isolatsd.traa3action. so, too, an agent 

io more than a mre en93.07e0 or nervaat. .Ee 5crves the 

%a:0 in P r8~re3eat~ntiVe c2p?Aaity$ a mere eq&y88 Or s%mant is got olothed with any re~msoatative character. Turner 

VT Cross, 1.8 S. 17. fi7.2~579, 03 Tex. 23.e. 

xs think it is clear that the phys'ician to v?hlch 

you refer is not to serve the P*;lt.e as an offiosr ox au 

ageat. T&o score difficult prob1c.z Is wkthoror uot he is 

an %i;&~itee~ rtithiu the mm133 of Aii.ti'cle '16, Seotlon 33, 

of tho coostlt&ioo. Ti?ie brings US to 0. doter*&tiation of 

tho intorpr~fation to be glaoed upon the terz-*appointoo", 

86 usod in this eoction of ths Cohstltutien. As the word 

is frerjzshtljr used, an ~*aDrxdntian is am who has b0an n?md 

to or e.zluct?d for publio &ice,, not by elactisn of the 5;eofle, but. bg desl;latlon at, tlze hands or' a ~'irzo:: 01' ;eT5o~s 

n xh.2:; such authority is ve3ted by the l.az. Cn the other 

hQi?) tke brortdar mnnicg of t.he tom ie sing17 **a ps-rso!? 

dcsigy&d"*, 

ticn. 

';,'eb3tera ::c?w ~nt~rnstio~al 3ict.Lmory, and zab 

yh3 nam is dorlved frsn the voxb %;point'*, aud the 

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-.Ronorable R.. R. Wright, Page 4. 

verb has bsen held to be synonymous, in certain Context with. 

%nployn and %irev. Norris v. ?arks, (ore.) 28P. (2d) 213, 

216; State ex rel Coffing vs. Abolt, (Incl.) 29 N.X. 131,.133; 

state ex rcl Pickett vs. Irueman, (EZ:.) 64 S. yf. (2d) 105, 

107. _. ~. 

If 'we atkribute to the term wappointeeR, the first 

meaning above stated, we render it but a senseless repetition 

of the term *officer* ,.for the term "officer'r embraces not 

only those official representatives who are elected;but also 

those who are appointed. We therefore construe it ashaving 

been used as a synon;sxY-,:for the~term "employee*. 

We are of the opinion that when the.latter portion 

:lof-,drtielo 16,'Section 33, speaks of any other office .or posltion of honor, trust, or profit, the,vrords npositionIof'honor, 

trust, or profit* are used as descriptive of the general 

,qharacter of the plasea.previously.re~ferred to as those of 

"officer, 4gent, or app0intee.v 

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Considering the.broad general purpose intended to 

Abe served.~by this section of the'Constitutlon, we are of the 

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opinion that the construction of thu term nsppointee" as meaning and embracing 'lemployee*.is required.. The reasons~pro5pting 

.the adoption of the policy are just a3 compelling; a~nd the 

-evil to be avertedths same in the'case of the employee of ~the 

estate who contracts to renders service for salary or compensation, as in the base of the officer or agent. 

You are therefore advised that if a physician employed 

part.time by one institution of the state accepts and holds a 

sinilar place in another institution at the same the, he can 

Aot receive a salary or compensation for either position during the period of time that both are held. 

Yours very truly