## EA o=my GENERAL OIFTEXAS

**PRICE DANIEL**  **ATTORNEY GENERAL**  **AWSTIN 11.**  **-l?ExAs**
December 16, 1946

Hon. C. HI.Cavness State Auditor Austin, Texas OpinionNo. V-740.
Re: The legality of fulltime salaried State

Dear Sir: employeesalso being Justices of the Peace or ?veathermen

for the Federal Government.

Your request for an opinionbythisoffice upon the above subjectmatter is as follows:

'In our audit of the accounts of one of our State institutionswe have found that two full-time salaried employees are holding at the same time otherpositions as follows: 1, Justice of the Peace 2, Weatherman for theUnited States Government "Weunderstand thatboth of these are only part-time arrangements thatdo not interferswith 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 shallneither 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 orBon. C. He Cavn48s - Page 2 (V-740)

position of honor, tru&t,orprofit,quader this St&e or the Unit,eclStates,:exc4pt a4 prescribed in this ConstltutiB 0 0 0 Section 40 of Article XVI rays that*
"No person shallhold or Ursroise, at the nmue time, n1or4than one 01~11 offioo of emolument, except that of Justiceof Paace. o aw A Justios of Peace is one 6f.those officers referred to in Section 33 whers it saysno persons shallbe paid out of the Trsasurywho hold another office or position,,

. D Constitution.w "excepta,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 thatno question of incompatibilityis 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 otherhand, ifhe holda 3 federal appointmentwhich 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 employeemay not be paid from the Treasury "yhoholds at the 'sametime any other office or position of honor, trust or profit under this stats or the United States," Similar rulingshave been required by Section 3?i with regard to other state employeea who simultanaouslyhold federal jobs:Agent of C,ensus

Bureau (O-58);U4puty U. S. Game Warden (O-1421); U..5, Governmentprinter (O-3542);Viar'Labor Board (O5232); civil 44rvio4 **job** (O-5317 and O-7813), Enclosed is a copy of Opinion q-6232 which oitosmm-q of these opiniona.

The office of Justice of Peak4 is expressly **exempt** in 84ction 40 of Article XVI, ,TexasConstitution,which prohibits the holding of more'than one offloo; **A** JusticeHon. 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 servicera8 a 8tate officer or empl.ogse. Section 3'3exempt8 from its application those office8 also exempt elsewhere in the Constitution, includingSection 40. (No question of incompatibility involved,) The accounting officersof this State may not pay a state employee from the Treasurywho holds at the same time a position of honor, trust,or profit with the u. 9. Government. If the U, 9, Weatherman in quertionholds such a positionhe 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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