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<p>OFFICE OF THE A’R’ORNEY GENERAL OF TEXAS 
AUSTIN </p>
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<div class="ocr">Honorable T. M. Trimble, page

teacher wince way be driving ea bua is performing

@ duty that in no way interferes with her regular
teaching service, and in view of the furtiwr fact
that the bus driver ig not being paid from local
funda or from funds whioh were appropriated for
salaries, would there be any legel objection to
@ teacher serving as a bus driver and receiving
pay for her services as a bus driver from the
transportation fund of the county which fund is
distributed by the County Board of Trustees?"

Section 4, Article ¥ of the current rurel aid »f213
(Aota 1941, 47th Laiieg Re Bay tar 549, He Be Zab, po 386)
authorizes the enployment of bus vers by the county boards
of trustees, ‘seid secticn reads as follows: .

“county Boards of Trustees are hereby author

ized to bus drivers for one year and the
of no bus driver may be paid out of the

County Board Transportation Fund created herein
unless sueh bus driver ia ac employed. Provided
further, that only pupils or persons diraatly cone
nected with the school system shall be transported
on sohool, buses while in the process of transport-
ing pupiis to end from the sohool and any bus driver
Violating the foregoing previeions anall forfeit his
contract ani shall be immediately discharged by the
County Board of Trustees. However, subject to the
provisions herein, bus drivers who om their ow
buses and are so exp may be given a contract
for not to exceed two (2) yeara conditioned toat
asic bus drivera apres to make improvements on
tneir buses, so as to more adequately insure safer
transportation for the scholaatieca, ani the route
of such bus is not changed for the second year of
the contract."

You have informed us that due te the present energency
it ie most diffiault, 1f not impossible, to secure the services
of yegular bus drivers in some portions of the State, and that
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<div class="ocr">VAS

only practical solution of this tranaportation problem
ia the employment of teachers to drive the achool buses, It
ia our opinion that the provisions ef tue rural aid 6111
quoted in your letter, would not be vielated ty auch employe
ment for the reason that the money received by the individual
as bus driver is of an entirely ferent character than that
reoel him as teacher, In other words, the two employ-
ments are separate and distinet, and compensation received
far performing under one employment could not be said to in
erease the compensation received by such individual for per-~
forming under the other euployment. I¢ ia, therefore, cur
opinion that the salary received by a teacher wider his teach~
erts contract is not as such supplemented or inereased by the
compensation received by such person as bus driver,

Legal innibicion to @ pereonte serving ia both capacities
on to & person's Ps
Seation 40 of Article IVI, Constitution of Texas, prohibits the
holéing of more then one civil office of enclument. Hovever,

@ school teacher is an e Bet a public officer, Martin
Ve Fisher, 201 Pac. R765 Mooty VV. Belyee, £256 Re We 368, 75
AclaRe AS474 Leymed Ve Johnson, 866 Pac. 8693 Clune v. School
District, Me We Aly & AcleRe Y563 Heath v. Johnson, 15 8.8.
G03 State ex rel. Lewellen v. smith, 60 Ne. W. 1143 56 Code SAR}
S87 Tex, dure 1055; Opinilorg No, O«571, Noe 094020, No, 004669,
Bo, 0-4796. Neither is a bus driver « publis officer, opinion
Ro. O-4957. It follows that the constitutional provision pro-
hibiting double office haiding is not a eable and in itself
would not prevent one personta holding both the positions under
donsideration.

Section 53 of Article XVI, Coustitution of Texas, pro«
hibite the acecunting officers of thia State from drawing or
paying « warrant upon the treasury fn favor of any person for
salary or compensation as agent, officer, or appaintec, whe
holds at the same time any other office or position of honor,
trust or profit under thie State or the United States, as there-
in specified, However, ac the State accounting offieera neither
draw nox pay a warrant upon the treasury in favor of either the
sohool teacher or the bus driver, this section isa inapplicable.
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<p>J 1 </p>
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<div class="ocr">Honorable Te Ke Trimble, pase #4

fae perforaanse of the duties attached to tach of
these positians would ascessarily take placa at differant
times; tint is, shu oua driverta duties are parfoomed dbe~
Tove the ocmeeouumi of anal aftex tas elosa of tho son0d2
day 04 wad, coe article 8906, Revised Civi}, Statutes, There
ja, therefore, 0 coaflict us to the tine of performame of
the reapsctive dusivus, an! after an examination ef the roe
lative atutubes we are wiivle to diacergn eny innonais
or incampatipilicy between the duties of one position and
those of tna other.

You are, therefore, advised that a teacher auple
by a senool distriat fp under the authority ef tection 4,
Articole V of the current rupyal af¢ bill be employed as a bus
éviver by tne county board of achoo] trusteés and receive sone
penpation out of the Gounty Board S@ameportation au for the
perforgance of suso services, previded, of eouraa, ihe enploye
went is real, and ia in no way a aubterfuge or means to aup-
plement the salary received by such person ae teacher,

This opinion ia limited in ite soope to the general
éuties of a agbool teacher and a wes driver. #6 aro not passe
ing on eny certain contract far none ia presented for aur cone

tion, Of course, & contract may contain grovisions whieh
would make 16 improper ov imposei ble for one parson to aarve in
both capacities at the same tine and perform tue cutiag attached
therete (for exmzple, share a tencsherts contract calls for sex
wiee after close of sashoal day}. Yo eush santract ia before us;
nos @o we express any opinion as tc the sane,

Very truly yours
ATTORHEY GENRBAL .F TEKAS

Ca tk, Cl WG
Georo ad. Sparks
ows / Againtaat
s

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