THE AT-E-QRNEY GENERAL 

OFTEXAS 

GERALD C. MANN AUSTIN n,.T~xan 

A.l-roRNRY G~NBxcAI. 

Honorable E. G. Moseleg 

Civil District Attorney 

Dallas, Texas 

Dear Sir: Attention: Mr. David M. Weinstein 

Opinion No. 0720.61 

Re: Under the facts stated, are 

the levy Fmprovement district 

supervisors, appointed under 

Article 7987, Vernon's Annotated.Civi.1 Statutes, holding 

two civil offices of emolument, in violation of Section 

40, Article 16, Constitution 

of Texas 

By your letter of June 13, 1940, and att,ached 

brief and copies of pertinent papers and records, gou submit for our consideration and opinion the following question, 

which we quote from said letter: 

"We would appreciate your immediate advice 

in regard to the following proposition, yhich Is 

of material importance to us here. 

"We have filed suit for collection of delinquent taxes on certain properties located in 

the Dallas County Levee Dlstrlct No. 5. The 

attorneys for the Levee District have been attempting to work out a reorganization of the District 

in order to satisfy bondholders as well as all 

taxing units. In this connection we have cooperated fully with them, for if the plan is successful, the State and County will be able to 

collect some $16,000.00 in delinquent taxes aa 

well as putting the property on a current basis 

in the future. 

"In working out thenecessary details,, we have 

found that the Dallas County Commissioners' Court 

had appointed three supervisors for' Levee District 

No. 5. The same order appointing two of the three 

supervisors also appointed the same men as super- 
Honorable E. G. Moseleg, page 2 o -2061 

visors of the City and County Levee District, 

which District is distinct from Levee District 

No. 5s The third man has attempted to qualify 

simultaneously in both Districts. These same 

three men are therefore at this time attempting to hold and exercise the offices of supervisors of two distinct levee districts. 

"Inasmuch as It becomes necessary to obtain 

certain orders from these supervisors; the;questlon has arisen as to whether or not these men 

are holding two civil offices of emolument contrary to.,the law. 

Section 40, Article 16, Constitution of Texas, provideg that "no person shall,hold or exercise, at the same 

time, more than one ciid.1 office of emolument, except," etc., 

said section naming certaLn specific officers which are excepted from this prohtbition. 

Article 79@., ~Vernon'a Annotated Ci.vil Statutes, 

provides as follows: 

"When a levee improvement district ha.8 been 

created under this Act, the court creating the 

same shall fprthvlth appoint by a majority vote 

three supervisors for such district, who shall 

be known as 'district supervisors,' and whose 

duties shall be as hereinafter provided. Said 

supervisprs shall each receive for his services 

not more.than five dollars per day for the time 

actually engaged in work for said district, and 

all expenses while so engaged, to be paid upon 

rendition of sworn~ accounts, approved by the 

county judge of the county having jurisdiction; 

and-they shall ,hold their offices for two years, 

and until their successors are appointed and 

qualified; unless sooner removed by a majority 

vote of the court of jurisdiction; and any 

vacancy in office shal.1 be filled by a majority 

vote of the court havfng jurisdiction which 

court shall continue from time to time to appoint 

supervisors in order that the board may always 

be full." (Underscoring ours) 

.* It is our opinion, and you are accordingly aavlsea 

that under the foregoing, constitutional and statutory provlsions, the levee Improvement district supervisors named in 
Honorable E. G. Moaeley, page 3 0-2061 

your letter are holding and exercising, at the same time, 

'more than one civil office of emolument," and since this 

off-ice is not one of those excepted In Section 40, Article 

16, Constitution of Texas, the simultaneous tenure of these 

two officers is contrary to Section 40, Article 16, Constitution of Texas. 

Upon thLs question we quote from 34 Tex. Jur. 349, 

as follows: 

"The Constitution applies only to offices 

of emolument. 'Emolument' means a pecuniary 

profit, gain, or advantage; hence the same person may hold two civil offices where no pay, 

compensation or pecuniary gain attaches to one 

of them, provided they are not incompatible." 

This constitutional prohibition has been held to 

apply to the officers of municipal corporations, 38 Tex. Jur. 

2~6, and to the officers of fndependent school districts. 

Pruitt, et al, vs. Glen Rose Independent School District No. 

1, 84 S.W. (2a) 1004; Odem vs. 

234 S.W. 1090. 

Independent School District, 

Levee improvement districts, created under 

the enabling provisions of the Constrtut1on and pertinent 

datutes, are regarded as public corporations and as governmental bodies or agencies. 27 Tex. Jur. 441-442. Ana while 

no authorities of this State have extablished that the officers of such levee improvement districts, including the 

"awrrct supervisors," hold civil offices of emolument, 

withfn the meanFng of Section 40, Article 16, Constitution 

of Texas, prohfbiting the holding, simultaneously, or more 

than one of such offices, we think this conclusion would 

necessarllg follow from the cases holding municipal corporatIons an3 school districts to de within this constitutlonal provision. 

Despite the similiarity of their origin and purposes, Dallas County Levee Improvement District No. 5 and 

City and County of Dallas Levee Improvement District are 

entirely separate entities and bodies corporate and politic, 

so that a person appointed %istrLct supervlsor" in and for 

one of usch districts, could not constitutionally hold and 

exercise, by appointment of the commissioners' court, the 

offfce of "district supervisor' of another and different 

levee improvement district. The fact that the same statutory 

duties, 08th and bond are required of the person appointed 

to fill these two places does not prevent their being 'more 

than one civil office of emolument," within the meaning of 

Section 40, Article 16, Constitution of Texas. 
Honorable E. G. Moaeleg, page 4 0-2061 

The office of "district SupervLsor" of a levee Fmprovement~distrlct carries with it the emolument and pecuniary gain OP profit provided by Article 7987, Vernon's 

Annotated Civil Statutes, hereinabove quoted, and is a civF1 

office created for the proper functioning of a governmental 

body or agency, and the persons named are clearly not entitled, under the Constitutfon of Texas, to hold at the same 

time the offices of "district supervisor" of two separate 

alstinct levee Improvement districts. 

Trusting the foregoing fully answers your inquiry, 

we are 

Yours very truly 

ATTORNEYGENERAL OF TEXAS 

By a/Pat M. Neff, Jr. 

Pat M. Neff, Jr. 

Assistant 

APPROVED JUNE 20, 1940 

s/Gerald C. Mann 

ATTORNEYGENERAL OF TEXAS 

Approved Opfnion Committee By s/BWB Chairman