THE.'A~ORNEY GENEOP !IJExAs 

WILL WILSON 

A-RNEY GENERAL 

AUSTIN aa. TEXAS 

June 8, 1959, 

Honorable Rack H. Hannah;'Jr. 

Chairman, Board of Director.? 

Texas Southern University 

Houston, Texas 

Opinion No. W-639 

Re: Whether the President of 

Texas Southern University 

may be issued his salary 

voucher while serving on 

Dear Mr. Hannah: the National Science Board? 

In your letter of,May 23, ,1959, you state that Dr. 

S. M. Nabrit, President of Texas Southern University, has 

been informed by the Comptroller of Public Accounts that 

his salary voucher for the month of May could not be paid 

because of his service on the National Sci'ence Board. You 

seek to be advised as to whether such is the case. 

The National Science Board is established pursuant 

to Title 42, Chapter 16, Sections 1861-1875, United States 

Code Annotated, which provides in part as follows: 

"Sec. 1861. There Is established in 

the executive branch of the Government an 

independent agency to be known as the Natlonal Science Foundation (hereinafter referred 

to as the 'Foundation'). The Foundation 

shall consist of a National Science Board 

~;~;i;;;~~ge;erred to as the ;Board') 

'Sec. 1863. (a) The Board shall consist of twenty-four members to be appointed 

by the President, by and with the advice and 

consent of the Senate, and of.the Director 

ex officio, and shall, except as otherwise 

provided in this chapter, exercise the 

authority granted to the Foundation by this 

chapter. . . .' 
Honorable Ma& Ii. Rannah,~Jr.,’ page 2. (ww-639 1 

“Sec. 1873. (d) The members of the 

Board,, and the members of each divisional 

committee, or special commission, shall 

receive compensation at the rate of $25 

for each ,day engaged in the business of 

the Foundation pursuant to authorization 

of the Foundation, and ,shall be allowed 

travel expenses as,authorized by section 

73b-2 of Title 5," 

Without deciding whether Dr. Nabrlt is filling a 

“~1~11 office of emolument” by serving as a member of the 

Board, as envisaged by Section 40 of ,Artlole XVI of the 

Constitution of Texas, we are compelled to advise you that 

your question is controlled by Section 33 of Article XVI 

of the Constitution of Texas, which reads in part as follows: 

“Sec.. 33. The Accounting Officers of 

this State shall neither draw,nor pay a 

warrant upon the,Treasury in favor of 

any person, for salary or oompensatlon as 

agent, offker 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, except,,as prescribed 

in this Constitution. 

It will be noted this section does not forbid the holding of such dual offices or positions of honor,, trust or profit, 

under this State or the United States, but It does forbid payment 

by warrant upon the,Treasury. in favor of such ,person for salary 

or compensation ~what soever. (Attorney General’s Opinion O-5157 

(19431.1 

The President of Texas Southern University is paid a 

salary from the State Treasury. (House Bill 133,, Acts 55th 

Legislature, Regular Session, 1957., Ch. 385,. p.. 1123; the Qenera1 Appropriation Bill.~) Withoutdeciding whether Dr. Nabrit 

is holding an “office of profit or trust” as provided by Section 12 of Article XVI of the Constitution of Texas, it cannot’ 

be questioned thata member of the,Natlonal Science Board Is 

serving in a position of honor, trustor profit. 

The commonly accepted indicla of such a’ position appear ,in the present case. Appointment, ~1s ,jnade bye. the President 

of the United, States, and the office ,requiresSenate confirmation. Travel expenses and a per diem ~allowanoe1 Is provided. 

It is regrettable that the high importance of the office held 
. - 

. . . . . 

Honorable Maok H. Hannah, Jr., page 3. (w-639 1 

the attending honor and prestige accruing, 

Southern University, but to the educational 

by Dr. Nabrit'and 

not only to Texas 

system of the whole State of Texas, requires that we inform 

you that the provision of the Constitution of Texas above 

quoted prohibits a warrant for payment of salary from being 

issued to Dr. Nabrit so long as he remains on the National 

Science Board while serving as President of Texas Southern 

University. 

We attach a copy of Attorney General's Opinion No. 

o-6232 (1944) which compiles some of the former opinions by 

this department to show the frequent recurrence of this 

question, and to illustrate the respective, factual situations 

Involved. 

Dr. Logan Wilson, President of the University of 

Texas, has been tendered an appointment on this same Board. 

We,are sending hlm~a copy of this opinion. 

SUMMARY 

Section 33 of Article XVI, Constitution 

of Texas, prohibits the Comptroller from 

Issuing a salary warrant to the President . 

of Texas Southern University while he 

serves as a member of the National Science 

Board. 

Yours very truly, 

WILL WILSON 

Attorney Cleneral of Texas 

TIM:sd:zt 

Enclosure 

APPROVED: 

OPINION COMMITTEE 

Gee. P. Blackburn, Chairman 

Houghton Brownlee, Jr. 

John Reeves 

Leonard Passmore 

C. K. Richards 

REVIEWED FOR THB ATTORNEY GENERAL 

BY: W. V. Geppert