- . 

THE ATTORNEY GENERAL 

OF TEXAS 

Honorable J. E. McDonald, Commissloner, 

Department of Agriculture 

Austin, Texas 

Dear Mr. McDonald: Opinion No. o-7230 

Re: Whether or hot the aupplementatioh of salaries by the 

Federal Government"'to employ 

certificate seasohal ,inspectors on the Mexican Fruit Fly 

Project would vlolate any of 

the provisions of Article XVI, 

Section 33, of the State 

Constitution. 

Your request for an opinion upon the above subject matter is as follows: 

"The"Fortg-Ninth Legislature appropriated a number of salaries to be used on the'Mexican Fruit Fly 

Project in the Lower Rio Grande Valley of Texas to 

employ certificate inspectors seasonal at $90.00 per 

month‘. 'We find it Impossible to employ efficient 

and capable help'as i's necessary on this project at 

the amount as stated above. The United States'Department of Agriculture is the cooperating agency and is 

Interested in an interstate movement of cit'rus fruit. 

The Federal Government has expressed a willingness to 

supplement these salaries in the amount of $35.00 each, 

which will make a total of $l25.OO to be paid each employee. 

"None of these employees holds any other office 

or position of honor, trust, or profit under this State 

or the United States. Each of said employees is under 

the direct and sole supervision of the State Commissioner of Agriculture. No other person or Department whatsoever holds or exercises any jurisdiction or supervision over said employees. 

"In view of the foregoing, please advise if the 

supplementation of salaries' by the Fecleral Government 

as above outlined violates any of the provisions of 

Article 16, Section 33, of'our State Constitution." 
, - 

Honorable J. E. McDonald, page 2 O-7230 

Under the facts stated by you with respect to the 

method of supplementing the sala~ries of the named employees of 

your Department, your question should be answered in the negatlve. 

Section 33 of Article XVI of the Constitution referred 

to by you, insofar as it concerns a restriction on payment of 

compensation, is as follows: 

"The accountings officers of this State shall 

neither draw nor pay a warrant upon the Treasury 

in favor of any person, for salary or compensation 

as agent, officer or appointee, who holds at the. 

same time any other office or position of honor, 

trust or profit, under this State or the United 

States 

* * + 4 

except as prescribed in this Constitution. 

**'I 

If such supplemental compensation under consideration 

is paid'directly by the Federal Government to the State employee 

as a State employee performing services helpful alike to the 

United States and the State, without creating, or attempting'to 

create an office, agency or employment of the United States as 

such, then Section 33 has no application. 

We pointed out this distinction in our Opinion No; 

0-2388-A, addressed to Honorable Roy C. Loventhal, Chairman, 

Livestock Sanitary Commission, a copy of which accompanies this 

opinion. In that opinion we said: 

'In response to our inquiry, Mr. C. R. Landon, District Agent for the United States Department of the Interlop, advised us 'that they (the 

two clerks) each have what is known asAgent appointments under the United States Department of 

the Interior, These appointments state the amount 

of salary to be paid from Federal funds and the 

amount to be paid from State funds. The total 

salary is based upon the Federal salary rates for 

the type of work required of these employes.' 

"In the light of this Information, It would 

seem that the Federal Government pays the two 

clerks in consideration for their services rendered pursuant to their individual capacity as agents 

of the United States Department of the Interior, 

and this being done Irrespective of the fact that 

they incidentally occupy at the same time the position of State employees. 

"The money paid these clerks in their capacity 

as a Federal agent springs from a source and travels 
Honorable J. E. McDonald, page 3 0-7230 

a channel separate and district from those funds appropriated by the State Legislature. These f’unas 

never reach the State Treasury. The point of its 

origin and disbursement is the United States Treasury. 

"The clerks are commissioned agents of the 

United States Department of the Interior, and accordingly, hold Federal positions of 'honor, trust, 

or profit', within the meaning of that phrase, 

None of the enumerated exemptions in the above 

quoted constitutional provision (Section 33) embraces this situation. 

"Therefore, under the given facts, our opinion 

is that no provision of the Appropriation Bill would 

prevent the State employee's salary from being supplemented by Federal Funds; 

16, supra, 

but, Sectlon 33, Article 

would prohibit them from receiving any 

salary or compensation for their services rendered 

the State so long as this Federal relationship continues." 

We trust that this is a sufficient and satisfactory 

answer to your question. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By s/Ocie Speer 

Ocie Speer 

Assistant 

OS al-WC 

Enclosure 

APPROVED JUN 15, 1946 

s/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORNEY GENERAL 

This Opinion Considered And Approved In Limited Conference