s 

### THEAYTORNEY GENERAL OFTEXAS

August31,1953

Hon. E. H. Thornton, Jr. OpinionNo. S-94 Chairman State Hi Austin 1$h

way Commission Re: Service of members of the

, Texas StateHighway Commission as ex-officiomembers of the Texas TurnpikeAuthority 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 inVernon'.s as Article 6674v,V.C.S., which creates The Texas TurnpikeAuthority. Your specific questions are as follows:

"1.Can we serve ex-officioas 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 respectivepositions on the Highway Commission, are we required to take an additional oath as ex-officiomembers of the Board of Directors of the Toll Road Authority? Ifwe are so required,would we then be h~oldingtwo offices in violation of either of the Sections of Article 

### 16of the Constitution of Texas aforementioned? 

### "3.Arewe,as ex-officiomembers 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 

### 16of 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 appointedDirectors of the Toll Road Authority, be required to execute such bond prior to the time any TurnpikeRevenue Bonds, under the provisions of House Bill No. 4, are actually issued? 

### "5.Ifwe are required to execute a suretybond in the penal sum of $25,OOO.OO, shouldwe 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-officioas a member of the Board of Directors of the Texas TurnpikeAuthority. Such sectionprovides in part: 'TheLegislature imposes on any Director who may be a member of the State Highway Commission the extra dutiesrequiredhereunder." The ex-officioduties of the,members of the TexasHighway Commission sre'additionalduties required to be performedby such officerswithout additional compensation. Therefore, acts of the ex-officiomembers 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. Jonesv. 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, 

### 147Tex.Crim. 

### 6, 177

. . Therefore, the performanceof such ex-officiodutieswould not violate the provisions of Sections 

### 33 and 40 of Article XVI of the Constitution of Texas. The Constitutionaloath required of the exofficioDirectors of the Texas T~urnpike Authority is the same oath that suchHighway Commissionershave alreadyHon. E. H. Thornton, Jr., page 3 (S-94)

taken. Therefore, itwo'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 Commissionhold only one office.

The statute is plain that each Director shall execute a suretybond in the sum of $25,000 "beforethe issuance of any turnpike bonds." Since this bond is conditionedupon the performance of the additional duties and is separate and distinct from the bond executedby the Highway Commissionersunder Article 

### 6664,V.C.S., a Highway Commissionerwould 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 compliancewith Section 

### 3 of Article 

### 6674~. SUMMARY Members of the Texas Highway Commission are ex-officioDirectors of the Texas Turnpike Authority. The performanceof 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 JohnBen Shepperd Attorney General JR:EG:am