Honorable George W. Cox 

State Health Officer 

Texas State Board of Health 

Austin, Texas 

Dear Sir: Opinion No. O-5525 

Re: Whether the State Health Officer 

can legally employ a physician 

as Consultant in a Venereal Disease Clinic, who at the same time 

is drawing a salary from the State 

for teaching courses of medicine 

in a medical school. 

Your request for our opinion in the hereinabove captioned matter 

has been received by this department. We quote from your letter as follows: 

"In connection with the Venereal Disease Program that we 

are now carrying on all over the State of Texas, it has become 

necessary in many instances to employ local physicians as Consultants for the clinic. In many instances it is impossible to 

secure personnel to operate these clinics unless these local 

physicians may be employed. Their position is more or less 

part time, in that they act only in the advisory and consultant 

capacity. 

"The question has now been brought to our attention as to 

whether a physician who is teaching courses of medicine in a 

medical school and drawing a salary from the State for those services,play at the same time receive compensation from this department for acting as Consultant in a Venereal Disease Clinic. 

"Due to present conditions, a number of the venereal disease 

clinics must be closed and these services denied the public if 

such is not legal. Because of the shortage of doctors, it is almost impossible to find men that my serve in this consultant capacity that do not have, at the same time, other connections. 

"Therefore, I would appreciate knowing whether I may legally 

employ a person as Consultant who, at the same time, may be drawing a salary from the State." 
Honorable George W. Cox, page 2 

Section 33, Article XVI, of the State Constitution, reads, in part, 

as follows: 

"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. . ~ ." 

The physician mentioned by you holds a position of honor, trust 

and profit under the laws of this State as a teacher of courses of medicine 

in a State supported medical school. If said physician were to be employed 

by the State Health Officer as a Consultant in a Venereal Disease Clinic, 

he would be holding two positions or a double position, which is expressly 

prohibited by the terms of the above quoted section. 

In Opinion No. O-4433 this department held that the State Comptroller could not pay public schoolteachers any compensation for teaching 

dBurses in the Department of Education of Texas Technological College. The 

reasons ,$or such conclusion are contained in a copy of that opinion which 

we are herewith enclosing. 

On September 22, 1913, in an opinion addressed to the Board of 

Regents of the University of Texas, Austin, Texas, this department held 

that a public officer of this State could not at the same time hold a position as professor in the University of Texas. See Legal Opinions, Attorney 

General of Texas, 19l2-1914, pages m-882, inclusive. 

In view of the foregoing, it is the opinion of this department 

that the State Health Officer cannot legally employ a physician as Consultant in a Venereal Disease Clinic, who at the same time is drawing a salary 

from the State for teaching courses of medicine in a medical school. 

APPROVED AUG 23, 1943 

Gerald C. Mann 

Attorney General of Texas 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

JkD:'db:hep 

Enclosure 

APPROVED 

OPINION 

COMMITTEE 

BY R.W.F 

CHAIRMAN 

BY s/ J. C. Davis, Jr. 

J. C. Davis, Jr, 

Assistant