# The Attorney General of Texas May 17, 1983 JIM MATTOX Attorney General
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A” Equal OppOrtunityI Affirmative Action Employer HonorableGibsonD. Lewis Speakerof theHouse TexasHouse of Representatives P. 0. Box 2910 Austin, Texas 78711

Dear SpeakerLewis: opinionNo.JM-32 Re: May a legislator accept a teaching position at a public institutionof higher education if the compensationpaid therefor is derived from private fundsdonated to theuniversity

Your letterrequestingan opinionof this office reads:

A member of the Texas House of Representatives is interestedin a part-time instructor'sposition with a component of the University of Texas system. He would be compensated out of private funds donated to the University. I respectfully askyour opinion on the following: May a member of the Texas House of Representatives teach on a part-time basis at a state funded university, if he is compensated from private funds donated to the university? In a follow-upletteryou advise:

With regard to the above referenced opinion request it ismy understanding that the member of the Texas House of Representatives will receive compensation from his teaching activities from a foundation or institution separate from and unconnectedwith the Universityof Texas at Tyler. The concluding sentence of article XVI, section 40, of the Texas Constitutionreads:

No member of the Legislature of this State may hold any other office or position of profit under

p. 138HonorableGibsonD. Lewis - Page 2 (JM-32)

this State, or the United States, except as a notarypublic if qualifiedby law. This languagewas added in 1972. In Attorney General Opinion MW-403 (1981), after noting that a different construction of the language would render section 40 internally inconsistent, this office concluded that the provision would not prevent a legislator from holding any additional military office or soil and water conservationdistrict office. This results because another part of section 40 specifies that "nothing in this Constitution" shall be construed to prohibit miZitary officers or officersof soil andwater conservationdistricts from "holdingat the same time any other office or position of honor, trust or profit." If the legislator serves the university strictlyas a volunteer, being neitherpaid nor formallyemployedby it,we do not believe this provision will be violated. The source of the legislator's income would then be immaterial unless its receipt were conditioned on his continued assignment by the university. See Educ. Code §§76.01, 76.05, 65.36;AttorneyGeneralOpinionMW-3737981).
SUMMARY A member of the Texas House of Representatives -Y volunteer his services as a part-time instructor at a state funded university without violating article XVI, section 40, of the Texas Constitution.

JIM MATTOX Attorney Generalof Texas

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