THEAISPOIWEYGENERAI.. 

ow TEXAS 

AUSTIN, TEXAS 

January 18, 1965 

The Honorable Ben Barnes 

Speaker, House of Representatives 

Austin, Texas 

Dear Mr. Barnes: 

Honorable 

Representatives, 

elusions reached 

Byron Tunnell, former Speaker of the House of 

has requested a reconsideration of the conin Attorney General's Opinion C-221, 1964, 

in the light of additional facts furnished Mr. Tunnel1 by Mr. 

John W. Simmons, Executive Vice President and General Manager 

of the Sabine River Authority of Texas. The letter from Mr. 

Simmons, dated December 28, 1964, reads as followsr 

Opinion No. C-377 

Rer Reconsideration of Attorney 

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 which Mr, 

Sam F. Collins of Newton, Texas became associated with the Toledo Bend Project Joint Operation 

en June 1, 1964. 

"When his services were engaged, lt,was 

stipulated that he orould work in connection with 

the acquisition of land required for the Toledo 

Bend Project, with the disposal of Surplus Property acquired in connection therewith, and with 

general administrative matters related to the 

Project. The exact nature of such services to 

be performed were stipulated to be as designated 

by the Technical Committee and Construction Board 

of the Toledo Bend 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 

Representative until the expiration of his term 

and until his successor had taken the oath of 

-1790- 
Hon. Ben Barnes, page 2 (C-377) 

office (at the time, Mr. Collins had decided not 

to stand again for election). It was 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, selection and supervision of appraisers 

and land negotiators, and Surplus Property disposal. 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 extended period of time, without compensation from 

the Project. 

"It was further agreed 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 should he expect to 

participate In or receive the benefits of Pension 

Plans or employee emoluments of such programs of 

the Sablne River Authority of Texas. He was further advised that he should not hold himself out 

to the Public as an employee or official of the 

Sabine River Authority of Texas - or for that matter, the Sabine River Authority of Louisiana. 

"It was mutually understood that the agreement with the Toledo Rend Project Joint Operation 

could be terminated for any cause by either party 

upon fifteen (15) days written notice. 

"In closing, I emphasize the fact that during 

this arrangement Mr. Collins has not been, nor is 

he now, an employee of the Sabine River Authority 

of Texas. 

"Since his successor has been duly sworn in 

as State Representative, and since Mr. Collins' 

work and performance of services for the Toledo 

Rend Project Joint Operation have been exceptionally valuable to the Project, he has now been 

offered employment with the Sabine River Authority of Texas, effective January 1, 1965. Mr. 

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

Collins having accepted such, he will be entered on our Authority rolls and records as of that 

date as Operations Assistant to the General Manager, Toledo Bend Division. 

"It is my considered opinion that Mr. Collins 

will serve the A'uthority well. 

"If you need additional information, please 

let me know." 

In Attorney General's Opinion C-221, it, was held: 

"Although a Member of the Le islature is 

eligible to accept an employment 7 Project Supervisor) on the Toledo Bend Project, a joint effort 

of the Sabine River Authority 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 

the provisions of Section 33 of Article XVI of 

the Constitution of Texas. Such prohibition, however, does not preclude him from receiving reimbursement 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 

"Representative Collins was employed as a 

Project Supervisor and his duties consist of the 

general supervision of the Toledo Bend Project. 

The Toledo Bend Project is a joint effort of the 

Sabine River Authority 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 Sabine River Authority, State of Louisiana, 

on the 6th day of July, 1961, and supplemental 

agreement entered into on the 5th day of April, 

1962 s The Sabine River Authority of Texas is 

'a governmental agency of the State of Texas, a 

body politic and corporate, vested with all authority as such under the'constitution and laws 

of the State' created by the provisions of Article 8280433, Vernon's Civil Statutes. Therefore, 

-1792- 
Hon. Ben Barnes, page 4 (C- 377) 

under the facts submitted by you, Representative Collins 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's Opinion C-221 that the 

Toledo Bend Project was a joint effort between the Sabine River Authority of Texas and the Sabine River Authority, State of Louisiana, 

pursuantto an agreement entered into between these agencies. Therefore, under the facts submitted, Representative Collins was an employee of an agency of the State. It was further pointed out in 

Attorney General's Opinion C-221. 

"While such position does not constitute 

an office, it is one of honor, trust or profit 

under this State. The position carries with 

it emoluments of employment. The Toledo Bend 

Project calls for an expenditure of large sums 

of public monies. 

"You are therefore advised that, under the 

facts submitted, Representati.ve Collins' employment precludes him, while so employed, from receiving his 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 receive his salary as a Member of the 

Legislature, in view of the provisions 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: 

"Although a Member of the Legislature is 

eligible to accept an employment (Project 

Supervisor) on the Toledo Rend Project, a 

joint effort of the Sabine River Authority 

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 of Article XVI 

of the Constitution of Texas. 

tion, however, 

Such prohibidoes not preclude him from 

receiving reimbursement for expenses as a 

Member of the Legislature or as a member of 

the Texas Legislative Council." 

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 

-1794-