### THEAISPOIWEYGENERAI..

ow TEXAS
AUSTIN, TEXAS
January 18, 1965

The HonorableBen Barnes Speaker, House of Representatives Austin, Texas

Dear Mr. Barnes:

Honorable Representatives, elusions reachedByron Tunnell, former Speaker of the House of

has requesteda reconsiderationof the conin Attorney General'sOpinion C-221, 1964, in the light of additional facts furnishedMr. Tunnel1 by Mr. John W. Simmons, ExecutiveVice President and GeneralManager of the Sabine RiverAuthority of Texas. The letter fromMr. Simmons,dated December 28, 1964, reads as followsr OpinionNo. 

### C-377

Rer ReconsiderationofAttorney General's Opinion C-221 in the,light of additional facts.

"This letter is written in response to your inquiry dated November 27, 1964 concerning the nature, terms, and conditions under whichMr, Sam F. Collins of Newton, Texas became associated with the Toledo Bend Project Joint Operation en June 1, 1964.
"Whenhis serviceswere engaged, lt,was stipulated thathe orould work in connectionwith the acquisition of land required for the Toledo Bend Project, with the disposal of Surplus Property acquired in connection therewith,and with general administrativematters related to the Project. The exact nature of such services to be performed were stipulated to be as designated by the Technical Committee and ConstructionBoard of the ToledoBend Projecf Joint Operation.
"When Mr. Collins accepted this assignment, it was understood and agreed to by the Joint Operation that he would continue to serve as a State Representativeuntil the expiration of his term and until his successorhad taken the oath of

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office (at the time, Mr. Collinshad decidednot to stand again for election). Itwas further agreed to by the Joint Operation that he would be accorded ample time off to perform such duties as his State office would require and it was stipulated,only, that he would be expected to make himself available to the Joint Operation at all reasonable times to assist in land acquisition, selectionand supervisionof appraisers and land negotiators,and Surplus Propertydisposal. At his request, it was further agreed that in the event of a Special Session,he would be allowed to be absent as necessary for an extendedperiod of time,without compensation from the Project.
"It was furtheragreed that he would be free to handle any and all other business not in conflict with the duties expected of him by the Joint Operation.
"Mr. Collins was advised that he was not an employee of the Sabine River Authority of Texas and was not entitled to, nor shouldhe expect to participate In or receive the benefits of Pension Plans or employee emoluments of suchprograms of the Sablne River Authority of Texas. He was further advised that he shouldnot hold himself out to the Public as an employee or official of the Sabine River Authority of Texas - or for thatmatter, the Sabine River Authority of Louisiana.
"Itwas mutually understood that the agreement with the Toledo Rend ProjectJoint Operation could be terminated for any cause by eitherparty upon fifteen (15) days written notice.
"In closing, I emphasize the fact that during this arrangementMr. Collinshas not been, nor is he now, an employee of the Sabine River Authority of Texas. "Sincehis successorhas been duly sworn in as State Representative,and sinceMr. Collins' work and performance of services for the Toledo Rend ProjectJoint Operationhave been exceptionally valuable to the Project, he has now been offered employmentwith the Sabine River Authority of Texas, effective January 1, 1965. Mr.

-1791-Hon. Ben Barnes, page 3 (C&7)

Collinshaving accepted such,he will be entered on ourAuthority rolls and recordsas of that date as OperationsAssistant to the GeneralManager, Toledo Bend Division.
"It is my considered opinion thatMr. Collins will serve theA'uthority well.
"Ifyou need additional information,please let me know."
In Attorney General'sOpinion C-221, it, was held: "Althougha Member of the Le islature is eligible to accept an employment 7Project Supervisor) on the Toledo Bend Project, a joint effort of the Sabine River Authority of Texas and the Sabine RiverAuthority, State of Louisiana,he is not eligible,while so employed, to receivehis salaryas a Member of the Legislature, in view of the provisions of Section 33 of Article XVI of the Constitution of Texas. Such prohibition,however, does not preclude him from receivingreimbursement for expenses as a Member of the Legislature or as a member of the Texas Legislative c0unc11."
It was pointed out in Attorney General's Opinion C-221 thatt "RepresentativeCollinswas employed as a Project Supervisorand his duties consist of the general supervisionof the Toledo Bend Project. The Toledo Bend Project is a joint effort of the Sabine RiverAuthority of Texas and the Sabine River Authority, State of Louisiana, for the building and operation of a dam and reservoir project on the Sabfne River at Toledo Bend. This joint effort is pursuant to an agreement entered into by the Sabine River Authority of Texas and the SabineRiver Authority, State of Louisiana, on the 6th day of July, 1961, and supplemental agreement entered into on the 5th day ofApril, 1962s The Sabine River Authority of Texas is 'agovernmentalagency of the State of Texas, a body politic and corporate,vested with all authority as such under the'constitutionand laws of the State' created by theprovisions of Article 8280433, Vernon's Civil Statutes. Therefore,
-1792-Hon. Ben Barnes,page 4 (C-377)

under the facts submittedby you, RepresentativeCollins is an employee of an agency of the State."
A study of facts contained in Mr. Simmonsf letter. referred to above, fails to reveal any fact which removes the prohibition contained in Section 33 of Article XVI of the Constitution of Texas. It was pointed out in Attorney General'sOpinion C-221 that the Toledo Bend Project was a joint effortbetween the SabineRiver Authority of Texas and the Sabine River Authority, State of Louisiana, pursuantto an agreement entered into between theseagencies.Therefore, under the facts submitted,RepresentativeCollins was an employee of an agency of the State. It was furtherpointed out in Attorney General'sOpinion C-221.

"While suchposition does not constitute an office, it is one of honor, trust orprofit under this State. The position carries with it emoluments of employment. The Toledo Bend Project calls for an expenditure of large sums of publicmonies.
"You are thereforeadvised that,under the facts submitted,Representati.ve Collins' employment precludes him, while so employed, from receivinghis salary as a Member of the Rouse of Representatives."
After careful consideration of the facts contained in Mr. Simmons' letter, referred to above, in the light of the authorities cited in Attorney General's Opinion C-221, we affirm the conclusions reached in Attorney General's Opinion C-221, and you are advised that Mr. Collins is not eligible,while employed on the Toledo Bend Project, to receivehis salary as a Member of the Legislature, in view of theprovisions of Section 33 of Article XVI of the Constitution of Texas.
SUMMARY The conclusion reached in Attorney General's Opinion C-221 is affirmed wherein we held: "Althougha Member of the Legislature is eligible to accept an employment (Project Supervisor) on the Toledo Rend Project, a joint effort of the Sabine RiverAuthority of Texas and the Sabine River Authority, State of Louisiana, he is not eligible, while so employed, to receive his salary as a Member of the Legislature, in view of
-1793-Hon. Ben Barnes,page 5 (C-377)

the provisions of Section 33 ofArticle XVI of the Constitution of Texas. tion,however, Such prohibidoes not preclude him from receiving reimbursement for expensesas a Member of the Legislature or as a member of the Texas LegislativeCouncil."
Yours very truly,
WAGGONER CARR Attorney General

JR:ms
APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman Pat Bailey Paul Phy Robert Flowers Cecil Rotsch
APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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