THE ATTORNEY GENERAL 

OF TEXAS 

C:n*wFORD G. RL4HTIiw AUSTX~,TEXAR 78711 

Ax-rORNYEY GENERA& 

September 8, 1964 

Honorable Byron Tunnel1 

Speaker 

Opinion No. C-307 

House of Representatives 

Austin, Texas 

Dear Mr. Tunnell: 

Re! Compensation of a member of 

the House of Representatives 

who has a contractual agreement with the High Plains 

Underground Water Conser~a~ 

tion District No. 1. ; 

Your request for an opinion reads as follows: 

"I request that you advise me whether or 

n~ot I can legally authorize expenditures of 

monies to and for a member of the House of 

Representatives under the facts set out. 

'The Honorable H. G. Wells of Tulia, 

Texas, Representative, District 89, consisting of Briscoe, Hale, Swisher and Ployd Coventies, entered into a contract with the High 

Plains Underground Water Conservation District 

No. 1, to render legal services to the District. 

A copy of the contract is attached hereto for 

your information andcconslderation. 

"At that time, September 30, 1963, in an 

abundance of caution, Representative. Wells requested that he be taken off the monthly Hou~se 

of Representative Member's payroll and since 

that time he has not received any compensation 

as a member of the House of Representatives. 

"I request that you advise me: 

"1. Does the relationship between Representative Wells and the High Plains Underground 

Water Conservation District No. 1, as evidenced by the contract preclude him from 

receiving the Constitutional salary as a 

member of the House of Representatives? 

"2 . If the answer to question no. 1 is in the 

negative, can I now authorize Representative 

-1464- 
Hon. Byron Tunnell,, page 2 (C-307) 

Wells to be paid for the months he has 

not received such salary.and-if so, can 

he be paid in a lump sum?" 

We have carefully examined the contractual agreement entered into by and between the High Plains Underground Water Conservation District No. 1 and Representative Wells. Under this agreement, Representative Wells became an independent contractor with 

-the Conservation District and cannot be considered an employee of 

the District nor an officer of the District. Therefore, Section 40 

of Article XVI of the Constitution of Texas prohibiting a person 

from holding or exercising at the same time more than one ci~vil office of emolument is not applicable to Representative Wells, under 

the facts submitted. Likewise, Section 33 of Article XVI of the 

Constitution of Texas prohibiting the Accounting Officers of this 

State from paying a warrant in favor of any person for salary or 

compensation as agent, officer, or appointee, who holds at the same 

time any other office or position of honor, trust or profit, under 

this State or the United States, ,is not applicable. 

While Attorney General's Opinion C-221 (1964) .held that a 

member of the Legislature~is not eligible to receive his salary 

as a member of the Legislature while he is employed by a governmental agency of the State, such holding is not applicable to the 

facts submitted in your request, for the reason that the agreement 

between the Conservation District and Representative Wells creates 

the relationship of independent contractor rather than constituting a contract of employment. 

In view of the foregoing, you are advised in answer to question no. 1 that the relationship between Representative Wells and 

the High Flains Underground Water Conservation District No. 1 does 

not preclude Representative Wells from receiving the constitutional 

salary as a member of the House of Representatives. 

In answer to your second question, you are advised that 

since his constitutional salary for the months he has not received 

is now due and payable, such salary may be paid in a lump sum. '_r 

SUMMARY 

An agreement between an agency of the 

State and a member of the Legislature 

which creates the relationship of an 

independent contractor, rather than 

constituting a contract of employment, 

does not violate the provisions of 

Sections 33 or &O of Article XVI of 

the Constitution of Texas and, therefore does not preclude the payment of 

-1465- 
Hon. Byron Tunn~ell, page 3 (C-307) 

the constitutional salary to such 

member of the Legislature. 

YOL:.TS very truly, 

WAGGONER CARR 

Attorney General 

‘de+- 

Assistant 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert,~ Cha~irman 

Robert Smith 

Brady Coleman 

Roy Johnson 

.?~ APPROVE3 FOR THE ATTORNEY GENERAL 

By: Roger Tyler 

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