s 

THEAYTORNEY GENERAL 

OFTEXAS 

August 31, 1953 

Hon. E. H. Thornton, Jr. Opinion No. S-94 

Chairman 

State Hi 

Austin 1 $h 

way Commission Re: Service of members of the 

, Texas State Highway Commission 

as ex-officio members of 

the Texas Turnpike Authority 

as provided in House Bill 4, 

Dear Mr. Thornton: Acts 53rd Legislature. 

You have requested an opinion in regard to certain portions of Chapter 410, Acts of the 53rd Legislature, codified in Vernon'.s as Article 6674v, V.C.S., which 

creates The Texas Turnpike Authority. Your specific questions are as follows: 

"1. Can we serve ex-officio as a Member 

of the Board of Directors of such Authority 

without violating either Section 33 or Section 40 of Article 1.6 of the Constitution of 

Texas? 

'2. Since each of;us has already taken 

an oath of office at the time we qualified 

for our respective positions on the Highway 

Commission, are we required to take an additional oath as ex-officio members of the 

Board of Directors of the Toll Road Authority? If we are so required, would we then 

be h~olding two offices in violation of either 

of the Sections of Article 16 of the Constitution of Texas aforementioned? 

"3. Are we, as ex-officio members of 

the Board of Directors, required to file a 

surety bond in the penal sum of $25,000.00? 

If we are so required, would we then be holding two offices in violation of either of 

the Sections of Article 16 of the Constitution of Texas aforementioned? 
Hon. E. H. Thornton, Jr., page 2 (S-94) . . . . 

"4. If we are required to execute a 

surety bond in the penal sum of $25,OOO,OO, 

will we, or any of the appointed Directors 

of the Toll Road Authority, be required to 

execute such bond prior to the time any 

Turnpike Revenue Bonds, under the provisions 

of House Bill No. 4, are actually issued? 

"5. If we are required to execute a 

surety bond in the penal sum of $25,OOO.OO, 

should we do so in our capacity as ex-officio 

Members of the Board of Directors of the Toll 

Road Authority or in o'ur capacity as Members 

of the Highway Commission?" 

Section 3 of Article 6674~ provides that each 

member of the Texas State Highway Commission shall serve 

ex-officio as a member of the Board of Directors of the 

Texas Turnpike Authority. Such section provides in 

part: 

'The Legislature imposes on any Director 

who may be a member of the State Highway Commission the extra duties required hereunder." 

The ex-officio duties of the,members of the 

Texas Highway Commission sre'additional duties required 

to be performed by such officers without additional compensation. Therefore, acts of the ex-officio members 

of the Board of Directors of the Texas Turnpike Authority are by virtue of the duties imposed on Highway Commissioners. The act does not create a separate and 

distinct office insofar as it applies to such members, 

and Sections 33 and 40 of Article XVI of the Constitution 

of Texas have no application. Jones v. Alexander, 122 

Tex. 328, 59 S.W.2d 1080 (1933); Eucaline Medicine Co. 

v. Standard Investment Co.; 25 S.W.2d 259 (Tex.Civ.App. 

error ref 930 ; 

S W 2d 9'$(:&+ . 

Irwin v. State, 147 Tex.Crim. 6, 177 

. . Therefore, the performance of such 

ex-officio duties would not violate the provisions of 

Sections 33 and 40 of Article XVI of the Constitution of 

Texas. 

The Constitutional oath required of the exofficio Directors of the Texas T~urnpike Authority is the 

same oath that such Highway Commissioners have already 
Hon. E. H. Thornton, Jr., page 3 (S-94) 

taken. Therefore, it wo'uld be a meaningless thing to 

require them to again take the same oath upon assuming 

their additional duties. Furthermore, as stated above 

the members of the Texas Highway Commission hold only 

one office. 

The statute is plain that each Director shall 

execute a surety bond in the sum of $25,000 "before the 

issuance of any turnpike bonds." Since this bond is 

conditioned upon the performance of the additional duties 

and is separate and distinct from the bond executed by 

the Highway Commissioners under Article 6664, V.C.S., a 

Highway Commissioner would be required to execute such 

bond before the issuance of turnpike bonds. Such bond 

should be executed as Director of the Texas Turnpike 

Authority in compliance with Section 3 of Article 6674~. 

SUMMARY 

Members of the Texas Highway Commission 

are ex-officio Directors of the Texas Turnpike 

Authority. The performance of such duties by 

them does not violate either~ Sections 33 or 

40 of the Constitution of Texas. They are not 

required to take an additional oath but are 

required to execute a surety bond in the sum 

of $25,000 before the issuance of any turnpike 

bonds. 

Yours very truly, 

APPROVED: 

J. C. Davis. Jr. 

County Affairs Division 

JOHN BEN SHEPPERD 

Attorney General 

kves 

v - .I/ 

W. V. Geppert 

Reviewer 

Burnell Waldrep ~4Ei-yxd;4- 

Executive Assistant Assistants 

John Ben Shepperd 

Attorney General 

JR:EG:am