;. -. . OFFICE’OF %‘HEATTORNEY: ~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~b2Atny list of employees for 1940-41 to t?e S"uateE3ard of Cmtrol fin a Pewa.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 drawnor pay axarrant 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 anyother 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 aIIdthe evils sou&t to be alleviated or orevented.- When this general purpose is ascertained, the ianguage used is to heliberally 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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JEtis. 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, aPan,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 ~@,cIfor 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;egather 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, whenduring the tize such coxipensation is to begearned such person, by accepting andholding 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, wefind that the Section is but one of the clanyin 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 '~20fox srpenditures by my of COD **-gonsutioa for.soAnricas**  **to ts**  **roodorod** in one capaoity, by reason of t.hapereoa sorvin~ in thet oa,=aoity- plnoiu~ hisself in 5uch a **:psJ.tion** that hemy ba tezgted to~ue@.cct tho duties of the 000 plaCs for the res~rslbilit~.ies' of tho oth0r. '\ 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 whozat.hore has boon deli; EAted

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the sovereign fuuotfous oh govorment, to be ereroisoa by hi% for the ban::fit of the publio. It is cseated~ by 1~ nndezbodiiss the idea of continuing dutler, rsthsr than transitory,or tax~ornr;r authority. 34 Tex. Yur. pp,3&j-326.Thou& every orficcr is anaseat of the Stats, every agofit OXthe St&e is not aecessn~rLly anoflicor. An offloo eiibraooa~the idea of tenure--an aseuoy !zaysxiet. in respeot to a single isolatsd.traa3action. 

### so, too, anagent **io** more than amre en93.07e0or nervaat. .Ee 5crves the %a:0 in P **r8~re3eat~ntiVe** c2p?Aaity$ a mere eq&y88 Ors%mant is got olothed with any re~msoatative character. Turner VTCross, 1.8S. 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&oscoredifficult 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 whohas b0an n?md to or e.zluct?d for publio &ice,, not by elactisn of the 5;eofle, but.bg desl;latlon 

### at,tlzehands or' a ~'irzo:: 01';eT5o~s nxh.2:;such authority is ve3ted by the l.az. Cnthe other hQi?) tke brortdar mnnicg of t.he tom ie sing17 **aps-rso!? dcsigy&d"*, 

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

### zab yh3nam 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 'weatkribute 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 whoare elected;but also those whoare appointed. Wetherefore construe it ashaving been used as a synon;sxY-,:forthe~term "employee*.

Weare of the opinion that whenthe.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

., .: Considering the.broad general purpose intended to Abeserved.~by this section of the'Constitutlon, weare of the T 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~ndthe -evil to be avertedths samein the'case of the employee of ~the estate whocontracts torenders 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 andholds a sinilar place in another institution at the samethe, he can Aot receive a salary or compensation for either position during the period of time that both are held.
Yours very truly