### THE.'A~ORNEY GENEOP !IJExAs

WILL WILSON **A-RNEY GENERAL**  AUSTIN aa. TEXAS



### June8, 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 maybe 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 monthof Maycould 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.

TheNational Science Board is established pursuant to Title 42, Chapter 

### 16,Sections 

### 1861-1875,United States CodeAnnotated, which provides in part as follows:

"Sec. 

### 1861. There Is established in the executive branch of the Government an independent agency to be knownas the Natlonal Science Foundation (hereinafter referred to as the 'Foundation'). TheFoundation shall consist of a National Science Board ~;~;i;;;~~ge;erred to as the ;Board')

'Sec. 

### 1863. (a) TheBoard shall consist of twenty-four membersto be appointed by the President, by andwith 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-6391

“Sec. 

### 1873. (d) Themembersof the Board,, andthe membersof each divisional committee, or special commission, shall receive compensation at the rate of $25 for each ,dayengaged 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 memberof the Board, as envisaged by Section 40 of ,Artlole XVIof the Constitution of Texas, weare compelled to advise you that your question is controlled by Section 

### 33of Article XVI of the Constitution of Texas, which reads in part as follows:

“Sec.. 

### 33. TheAccounting 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, whoholds at the sametime 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 bywarrant upon the,Treasury. in favor of such ,person for salary or compensation ~what soever. (Attorney General’s Opinion 

### O-5157 (19431.1 ThePresident 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 12of Article XVIof the Constitution of Texas, it cannot’ be questioned thata memberof the,Natlonal Science Board Is serving in a position of honor, trustor profit.

The commonlyaccepted indicla of such a’position appear ,in the present case. Appointment,~1s,jnadebye. the President of the United, States, and the office ,requiresSenate confirmation. Travel expenses and a per diem~allowanoe1Is provided. It is regrettable that the high importance of the office held. -

... . .

Honorable MaokH. Hannah, Jr., page 

### 3. (w-639 1

the attending honor andprestige accruing, Southern University, but to the educational by Dr. Nabrit'and not only to Texas system of the whole State of Texas, requires that weinform you that the provision of the Constitution of Texas above quoted prohibits awarrant 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.Weattach a copy of Attorney General's Opinion No. 

### o-6232(1944) which compiles someof the former opinions by this department to showthe frequent recurrence of this question, and to illustrate the respective, factual situations Involved. Dr. LoganWilson, President of the University of Texas, has been tendered an appointment on this sameBoard. We,are sending hlm~a copy of this opinion. SUMMARY Section 

### 33of 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 memberof the National Science Board. Yours very truly, WILLWILSON Attorney Cleneral of Texas
TIM:sd:zt Enclosure APPROVED: OPINIONCOMMITTEE Gee. P. Blackburn, Chairman Houghton Brownlee, Jr. John Reeves Leonard Passmore C. K. Richards REVIEWED

FORTHBATTORNEY

GENERAL BY: W.V. Geppert