Hondrable J&m Leahy. Director 

Cottop Rosearch Corrmi~ttee 

T&ms A 8~ M College 

College Station, Texas 

Iloar Sir: Opinion Do. O-6821 

Rer Legality of employment and 

salary payments to oortain persons 

,' assooiated both with A & M College 

and with Cotton Researoh Comittee. 

Your letter of January 21, 1944, reads as followat 

"Reremith an original and duplicate of a Cotton Research Ccmmittoe 

--~-'payroll for the month of January which authorizes the payment of 

salarjee for two members of the staff of tho ?+Iginoering Xxpormisnt 

Station of the A. dc M. College of Texas, The payroll affidavit is 

exeouted by the Vice-Cirector of the Engineering Rxporiment Station 

hmotioning as tho Frojoots Frinaipal for the Cotton Resoaroh Committee in rasps& to the projects of the Cotton Resoaroh Committee 

being undertaken by the l%ginooring Experiment Station. The Prop 

joots &inoipal does not rocoive any form of compensation from the 

Cotton Research Committee. 

'Tha two staff members of the,Ehgineoring Exporiment Station derive 

their total compensation from the funds of the Cotton Rescarbh Committee and are in faot bona fide faaulty mambors of the A. & M. 

College of lexns entitled to participate in thq collateral bonefits 

of suoh employment in the form of Group Ittsuranco and Teacher Retirement compensation. 

'The payroll has bean approved by a majority of the Cotton Research 

Committee as prescribed in Senate 0111 E;lo, 403 of the 47th Legislature, but conditiomod in respect to the legality of the contemplated departure from pst practice in the administration of the Cotton 

Research Committee funds. 

“Heretofore all persons receiving componsntion from the Cotton 

Research Corrmtittee have been exol.unively e~mployoos of the Committee 

assigned to the several oooporating State Institutions of higher 

learning to prosecute or assist in prosecuting certain researoh 

enterprises. 
. * 

Eon. John ieahy, page 2 (O-5821) 

"The basic departure from our past practice eontemplates making diroot payments of the total conpnnsction to certain emRloyt?os of the 

swveral oooporating :;tste Institutions of higher learning xho are 

assigned to prosecuro or assist i a prosecuting tho rcsoarch enterprises 

of the committee. 

"!It has been represented that such practice is in violation of certain 

priLor opinions of ths Wfico of tL3 ittorney General in rospeat to duality of employmw&, subh positions being held to be ndditl.onal 'Rasitions 

of honor, trust or profit;' moreover, it has bear; ra~?rrcserted th&t such 

paym6nts of total compensation as are prwidnd in -???.a pafloll do cot 

conform to tho terms of the payroll affidavitin resepet to that portion 

which ropresoatas that 'nope of the employocs on this payroll is~recoivirg salary or oompbnsation as agent, officer, or a~pointco, :ho 

holds at the same time any other position of honor, trust or Frofit, 

under this state, eta.', notwithstanding the fact tbt their to%al 

compensation oomes from only one source, i.e., tha i&ton Research 

C0m1ittes. 

."In view of the foregoing, we.till Abe pleased to hove your opinion 

(1) 4s to whether or not duality of employment is involved through 

the functioning of the Vice-Girer,tor of the Ir.g%no~ring ixpcrimert 

Station as Trojeots +dncipa, 1 ftir the Cotton Research Cermittoe 

which contemplates an administrative function in directing research 

activities 'or the Cotton Research Covaaittoo witbout compensation 

in any form except out of the funds of the P.. 3: L1. College of 'iexasj 

(2) as to whether or not duality of employment is involved through the 

payment of salsry compensation te employees of the A. b: !A. College of 

Texas out of the appropriated funds of the Cotton Rescaroh "%mm:ttee 

which bad previously been sl.lcaated by the Cotton Research Committoe 

to support research undortokings at the 8. 6: K. College of Texas, 

whereby the compensation paid out of the Cotton Research Qmwittee 

funds is the total comkx%!sation, under the condition that such employees retain their identity with the k. & M. College to the end 

that they may be pttittod to keop in force and enjoy the rights and 

privileges of such association in the form of Group Insurance and 

Tenchor Retirement benefits. 

"If your opinion supports tho legality of the attached payrolld, xl11 

you kindly submit the same to the State Comptroller of ?ublio f.cconr.ts 

for paymoot." 

Subject to cortain exceptions not here pertinent, Sootion 40 of 

Article XVI of our Constitution forbids arq person to hold or exercise, 

at tho same time, more than one "civil office of ClDlOlUl2GIit~” In our 

OHnion Hoe W?EQl we O\rlcd that R poslbka? i@ t;ho fnoulQ of t.h?o .+s 

& 78. College is not a civil off'ico. Q virtue of this ruling “0 hold 
. . 

lb. John Leahy, page 3 (O-5821) 

that noithher ths enployment of the Projects Prjnoipal nor the employment 

of the other tzo individuals mentioned in your letter vio?.ates tho above 

c::ted concti~~i~lc?:?.l provision. 

Xmever, i:oci;ion 3~: of lrticle XVi of the Sonstitution is mars restrictive. This i:ontion provides in part as follows: 

"The accounting officer8 of this State shall noithor draw nor pay a xinrrant 

upon the Iraasu-y in favor of any person for sr.i.sry or conpensation 9s agent, 

officer or~appointo6, rho hold8 at the same time sny other office or position of honor, trust or profit under this State or the United States . , e" 

Tho Cotton Research Committee is an independent State agency created 

by Senate Sill 403, Acts of the Regular Session of the 47th Legislature. 

Although the various "tate sahools are directed by Senate ail1 403 to notice 

the "declaration of polioy" set forth in this legislation and, if nccessnry, 

to roviso thoir activities to conform with such poliay, the Cosaxitteo is 

neither a branch nor an extramural divisl.on of azv State educational j,nstitution. Indcod, 80 strong was the legislative intent to maintain the Committee as an independent agenoy that the 48th Legislature speoifioally provided that none of the funds appropriated to the Committee should be used 

to "supplement any appropriation made to the various educational institutions for business rosceroh.' Sots of the 48th Legislature, R.S., 87&-877. 

TY;O of tho individuals mentioned in your letter are agents or appointees 

of this Committee to draw their a&ire compensation from its appropriation. 

The third individual receives no oompensation from the Committoo, but 

serves at a Project Prir.oi.pal for tha Committee with respect to certain 

projects, snd has signed the affidavit appended to the payroll in question, 

The Enginocring Experiment Station is one of the extramural divisions 

of the A. de M. College. 'The indlvidunl who serves as Projoots Prinoipnl for 

the '&mmittee also serves as Vice-Mrcotor of the Experiment Station and 

receives his oomponaation from tha appropriation to the Station, The othar 

two individual8 mentioned in your letter are, inyour words, 'bona fide 

faoulty members of tho b. & M. College," and, as such, nre entitled to maintain snd onjoy osrtain privileges as mombers of the ::tat:tg Teachers' Retirement System and as members of a group insurance plan. Since those faoulty 

nmbrs racoivc no salary from the 'College, ona oan perhaps argue thnt their 

position on the faculty is not nom a "position of profit," al.though tho 

benefits whioh thoy enjoy through their continued ascooi.ati.on with the 

Teaohers' Retizwment System and with group insurance plan make this nrgument of doubtful validity. &over8 without passing on this question, and 

even assuming for the purpose of this opinion that their present status as 

faculty members does not constitute a position of profit, no feel that 

suoh position is clearly one of honor or tIU8t. Consequently, we feel that 

uhdor the above quoted provision of the Constitution, the accounting officers of this State may neither draw nor pay a warrant upon the treasury 

to pay thrso individuals any sal.ary or compensation for labor performed 

as an agent or appointee of the Cotton Rosonrch Committee. 
l3-21.