-_ - 

Honorable Geo. Ii. Sheppard 

Comptroller of Public Accounts 

Austin, Texas 

Dear Mr. Sheppard: Opinion No. O-5123 

Re: Authority to issue warrant to 

James Taylor as Parliamentarian 

to the Senate, Mr. Taylor holding 

at the same time a position with 

the Old Age Assistance Department 

as AdministratSve Assistant. 

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

follows : 

"During the months of January and February of this year 

James Taylor was carrfed on the pay roll in the Old Age 

Assistance Department as administrative assistant at a 

salary of $250.00 per month, payable out of the Federal 

ChEl.dren Assistance Fund. Warrants were issued, by thi.s 

department pays,ble to James Taylor for each month's salary 

for January and February. When the Forty-eight Legislature 

convened the same Jn_Mes Taylor went on the pay roll of the 

Senate as Parliamentarian and was paid a per diem of $7.50 

per day out of the Contingent Expense appropriation. On 

February 28 this department was informed that James Taylor 

was on the pay roll of both the Senate and the Old Age 

Assistance Commission, and called the same to the attenticn 

of Nr. Taylor, who returned the General Revenue warrants 

i.ssued to him in pay-me& for his services in the Senate 

for cancellation. 

"This department is also informed that Mr. Taylor has 

severed his connection with the Old Age Assistance Commission and is still employed by the Senate as Parliamentarian. This department now has presented the Senate pay 

roll for the first twelve days in March. 

aj-s this department authorized to issue warrant in payment 

of the amount shown on the Senate pay roll due Mr. Taylor 

for per diem for the first twelve days in March?" 

In connection with the letter, you have advised US personally 

that Mr. Taylor severed his connection with the Old Age Assistance on March 1, 1943. 
Honorable Geo. H. Sheppard - page 2 O-5123 

You state that Mr. Taylor "returned the General Revenue warrants 

issued to him in payment for his service in the Senate for cancellation.ll From this we assume that he has returned for cancellation 

all warrants for services in the Senate for both January and February. 

Section 33 of Article XVI of the Constitution provides: 

"The Accounting 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, 

except as prescribed in this Constitution. * * *." 

It appears that Mr. Taylor did, during the months of January (from 

the 12th) and February, occupy two offices or positions under the 

State, in violation of the above Section, having terminated his 

services with the Old Age Assistance March 1, as above stated. 

Mr, Taylor has been paid for his service to the Old Age Assistance 

the sum of $500,00 for the months of January and February, and no 

part of that sum has been repaid to the State. This presents the 

real question for our decision -- that is, whether or not he is entitled to receive such payment while he was holding at the same time 

the position of Parliamentarian to the Senate from and after his 

engagement in January. 

This precise question was decided by this department in an elaborate 

opinion by First Assistant Attorne General C. M. Cureton and 

Assistant Attorney General, C. W. %aylor, 

Attorney General, 1912-1914, p* @73)* 

J&e 9$ 1913. (Oiinions 

That was a case involving' the right of Lieutenant-Governor, Will H. 

Mayes, to accept the position of Professor of Journalism in the 

State University, while at the same time holding his position as 

Lieutenant-Governor of Texas* 

In the course of the opinion it was said: 

"It is very clear, therefore, that Mr. Mayes, so long as he 

is Lieutenant-Governor, could not under the Constitution draw 

pay from the State, as (1) agent, (2) officer, (3) appointee 

of the State. 

"As we have above endeavored to show that a professor in the 

University of Texas is an appointee or in a limitedsense an 

agent, therefore, Mr. Mayes could not draw a salary from the 

State as professor of Journalism in the University, 

'*The converse of the above proposition is also true, and, 

therefore, Mr. Mayes, so long as he was the agent or appointee 

of the State as a professor of Journalism in the University, 

could not draw his pay as Lieutenant-Governor of the State, that 
Honorable George H. Sheppard, - page 3, O-5123 

being an office within the meaning of the Constitution0 

"Therefore, should Mr. Mayes accept the position of professor 

of Journalism in the University, and at the same time hold and 

exercise the duties of the office of Lieutenant-Governor, he 

could not draw pay for either such office or such position." 

This ruling has never beendeparted from but has been adhered to 

subsequent rulings of this department, and is thought by us to be 

a true construction of the Constitution. 

herewith) 

(See opinion No. O-2607 

From this reasoning, it would follow that any sums paid to Mr. 

Taylor for his service to the Old Age Assistance, since the date of 

his employment and acceptance of the position of Parliamentarian 

to the Senate has been unlawfully made, and he is therefore indebted 

to the State in that sum. 

Article 4350 of the Revised Civil Statutes provides tkt: 

"No warrant shall be issued to any person indebted to the State, 

or to his agent or assignee, until such debt is paid." 

So that, it follows no warrant should in any event be issued or 

paid to Mr. Taylor on account of his services to the State Senate, 

or on any other account, until such sum so illegally paid to him 

hasbeen repaid to the State. 

Very truly yours 

ATTORNEY GEIURAL OF TEXAS 

s/ Ocie Speer 

BY 

Ocie Speer 

Assistant 

..;?ROVED MARCH 1.7, 1943 

.F/ GROVER SELLERS 

FIRST ASSISTANT 

!TTORNEY GENERAL