The Attorney General of Texas 

May 17, 1983 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

512,475.2501 

Telex 9101674.1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas, TX. 75201-4709 

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51212254191 

A” Equal OppOrtunityI 

Affirmative Action Employer 

Honorable Gibson D. Lewis 

Speaker of the House 

Texas House of Representatives 

P. 0. Box 2910 

Austin, Texas 78711 

Dear Speaker Lewis: 

opinion No.JM-32 

Re: May a legislator accept a 

teaching position at a public 

institution of higher education 

if the compensation paid therefor is derived from private 

funds donated to the university 

Your letter requesting an opinion of this office reads: 

A member of the Texas House of Representatives 

is interested in a part-time instructor's position 

with a component of the University of Texas 

system. He would be compensated out of private 

funds donated to the University. I respectfully 

ask your 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-up letter you advise: 

With regard to the above referenced opinion 

request it is my 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 

unconnected with the University of Texas at Tyler. 

The concluding sentence of article XVI, section 40, of the Texas 

Constitution reads: 

No member of the Legislature of this State may 

hold any other office or position of profit under 

p. 138 
Honorable Gibson D. Lewis - Page 2 (JM-32) 

this State, or the United States, except as a 

notary public if qualified by law. 

This language was 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 conservation district office. This results 

because another part of section 40 specifies that "nothing in this 

Constitution" shall be construed to prohibit miZitary officers or 

officers of soil and water conservation districts from "holding at the 

same time any other office or position of honor, trust or profit." 

If the legislator serves the university strictly as a volunteer, 

being neither paid nor formally employed by 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; Attorney General Opinion MW-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 General of Texas 

p. 139