EA o=my GENERAL 

OIFTEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

AWSTIN 11. -l?ExAs 

December 16, 1946 

Hon. C. HI. Cavness 

State Auditor 

Austin, Texas 

Opinion No. V-740. 

Re: The legality of fulltime salaried State 

Dear Sir: 

employees also being 

Justices of the Peace 

or ?veathermen for the 

Federal Government. 

Your request for an opinion by this office 

upon the above subject matter is as follows: 

'In our audit of the accounts of one 

of our State institutions we have found 

that two full-time salaried employees 

are holding at the same time other positions as follows: 

1, Justice of the Peace 

2, Weatherman for the United States 

Government 

"We understand that both of these 

are only part-time arrangements that do 

not interfers with the respective State 

Sdtl-time jobs, but we believe we should 

ubprr opinion as to whether sithsr or 

both of these instances are in conflict 

with the provisions of Section 33 of Article 16 of the State's Constitution." 

Section 33 of Article XVI of the Constitution 

contains the followingt 

'The Accounting Officers of this 

Stats shall neither draw nor pay a warrant upon the Treasury in favor of any 

person, for salary or dompensation as 

agent, officer or appointee, who holds 

at the same time any other office or 
Bon. C. He Cavn48s - Page 2 (V-740) 

position of honor, tru&t,or profit, quader this St&e or the Unit,ecl States,:exc4pt a4 prescribed in this ConstltutiB 

0 0 0 

Section 40 of Article XVI rays that* 

"No person shall hold or Ursroise, at 

the nmue time, n1or4 than one 01~11 offioo 

of emolument, except that of Justice of 

Paace. o aw 

A Justios of Peace is one 6f.those officers 

referred to in Section 33 whers it says no persons 

shall be paid out of the Trsasury who hold another office or position,, . D 

Constitution.w 

"except a,s presoribed in this 

The Justice of Peace, therefore, may 

hold both positions under Section 40 and be paid under 

Section 33 as a State employee as an express exception. 

It is assumed that no question of incompatibility is 

involved, 

Your letter doas not give the facta as to 

the nature of the employment of the U. S. Weatherman. 

If he is simply an unpaid observer who holds no position of honor or trust, he is entitled to his stat4 

pay under Section 33, On the other hand, if he holda 

3 federal appointment which is one of honor or trust, 

or. one which carries remuneration, ho nay not be paid 

from the Treasury for his state job, Section 33 says 

plainly that a state employee may not be paid from the 

Treasury "yho holds at the 'same time any other office 

or position of honor, trust or profit under this stats 

or the United States," Similar rulings have been required by Section 3?i with regard to other state employeea who simultanaously hold federal jobs: Agent of 

C,ensus Bureau (O-58); U4puty U. S. Game Warden (O-1421); 

U.. 5, Government printer (O-3542); Viar'Labor Board (O5232); civil 44rvio4 job (O-5317 and O-7813), Enclosed is a copy of Opinion q-6232 which oitos mm-q of these 

opiniona. 

The office of Justice of Peak4 is expressly exempt in 84ction 40 of Article XVI, 

,Texas Constitution, which prohibits the 

holding of more'than one offloo; A Justice 
Hon. C. B. C*Gesr - Page 3 (V-740) 

of Pease may hold another civil offioe WIder Section 40 and be paid under Section 

33 of Artiole XVI for his servicer a8 a 

8tate officer or empl.ogse. Section 3'3 exempt8 from its application those office8 

also exempt elsewhere in the Constitution, 

including Section 40. (No question of incompatibility involved,) 

The accounting officers of this State 

may not pay a state employee from the 

Treasury who holds at the same time a position of honor, trust, or profit with the 

u. 9. Government. If the U, 9, Weatherman 

in quertion holds such a position he should 

not be paid for his state employment. If 

he is rimply an unpaid observer, who holda 

no appointment, Section 3.3 has no application, and he may be paid for his state employment. Art. XVI, Sec. 33, 

Yours very tNlg, 

ATTOFNEX Gl37ElW QF TEXti 

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