Honorable J. 0. Loftin,President Texas Collegeof Arty and Industries KingtillS, Texas Dear Mr. Loftior Opinionl?o. O-1422 Be: lryr.a

person simultanek5usly serve on the board of trustee8 Of &II Independent

Schooldistrict

and (1) on the board of direotors of the Texas Colleg0of Art8 & Industries, or (2) as Wltod StitarPOSkWStOr? ale are pleased to answer the following questions

which you submitted to us by your letter of September 8, 1939: "1. Can an Individual legally88rVO on the board of dlreotors ofthe Texas Collsgs

of Arts and Induetrioa and at the 881118

time serve as a **member** of I board of trustees of an indSponde& school district? "2. Can an individual serv8 as a member of the board of trustees of trustees

of an independent

schooldlstrlote.nd also a8 United Stafes Postmastorl" Both questions

lnvolvothe application of Article 16, Se&Ion 40, oftho Constitution of Texas,which reads in put as follows: "No person shallhold or SXSroiOe, at:the 8wr.S

time, more than ono oivil offiae of SBlo1unl0nt. . . ." 34 Texas Jurisprudenoo at page 549, r8fSrrirrg to the abow constitutional

protirlon,,

saymt "ThO COnStltLItiOn

RppliSSOnly t0 OfflkO Of ~lmnenf. 'J$ro~~SZ,t' ,i,kIS a paounirary

profit,gain or advantage; hence, the same parson may hold two civil offices

whuo no pay, oomponsation or peknlary gain attaohS8 to ono of Iham,protidedtheyaro not lncompatiblo.w For furtherdiscussion of this qusstion,

800 opinions

ofthis department

numbered

O-490, O-982, and C-1263. Sinceyou dld not speoifyin your letterunder what Aot the indc pendent school

district

wa8 omated, wo shall assme that it-as oroated under authority

of Chapter13, Title 49 of the RevisedCivil StatutssHon. J. 0. Loftin,page 2 (O-1422)

of Texas, 1925. Article 2775 thereof provldosin part a8 follows: "In each independent district

that Shall hereafter be organized,

the county judge of the oounty in which sald independent districtis situated shall order an olsctfon,for'seven trustees.

who shall c&stitute the sohool

board of such diStru&, and all of v&m shall servewithout oampensation." (&dorsoorlngours.) It is, theroforo,

apparent.that

a member of the board of trustees of an independent

sohooldistrict,

oreated

under the general1~8, does not hold an offioo of 8molum8nt nithin the meaning of Artiole 16, Section 40, of the Texas Constitution. We know of no reasonwhy the duties of a member of the boald of trusts88

of 8.n independent

8ohoo1districtshouldb8 in any manner conflicting or incompatlol withthe duties eitherof (1) a member of the Board of Directors

of tho Texas Collegeof Arts and Industries, or (2) a United StatesPostznaster. Article

XVI, So&Ion S3, of the Constitution of Texas,provldos In part, '%a aooounting

offiaoro

of We Strto ahall nelthordreu nor pay a warrant upon the Treasury

in favor of my person,for salary or oompensation a8 agent, oftioor,

or appoilrtoe,

who holds at the same time any othor office or position

of honor, trust or profit,under this State or the United States,exoopta8 prosorikad in this Constitution." There oau be no doubt but that sll three of the offloes hero under ooneldsration

am positions

of honor, trust or profitdthin the meaning of the abow quotid oOnstikItlon~~ provision. See opinion bf this Department

No. O-1101,

datod ,July $1, 1939, addrossod to HonoraWe Goo. HI Sheppard. In accordance

with the foregoing disouseion

it Is our opinion that: 1. A perlrnn

may legallyservo on so Board of Diroc%ors of the Tiixrs Collegeof Arta and Indwtrie8 and at tho 8ama tizW 8or‘wa8 a mmnber of the board of trustosaof an indopendont

sohooldistrict;

but in 80 doing he forfoita

all right to any oompeneatlon to whioh he might havd ken sntitlod

a6 a dire&or of the collage, by reason of &tide XVI, Sootion 33 of the Toxad Con8titutlon~ 2. So far as the Constitution and lawa of Texas are concerned, an indEvlduala*y simultaneously forve as a Iwmber of the board oftrustaos of' an independent

schooldistriot,

and as UniUod Stab8 Postistor, sin00 the formor offloo oarrios no oarmpenaatlon,

but we ar8 unable to adviseHon. J. 0. Loftin, pqe 3 (O-1422)

**you** whether the UnitedStatespostal regulations may or may not fop.. bid the samee Yoursvery truly ATTCRREYGENEBALOFTEXAS
By /s/Walter R. Koch

WalterR. Koch Assistant

APPRCWEDSEP 23, 1939 /s/ Gorald C. km ATTORNEYGENERAL OFTEXAS Approved OpinionCommittee ByBWB chairman