March 24, 1967

HonorableFred P. Holub Opinion No. M-b!5 County Attorney MatagordaCounty Re: Whether a pereonmay Bay City, Texae hold the office of Conetable and at the eame time be electedand eerve a8 Directorof a Water Control and Dearm. Holub: ImprovementDistrict.

. You have requestedan opinion from this office a8 to whethera pereon who holds the office of Constable,and during his term of office, Is electedae a Director of a Water Control and Iplprovement

District, Is holding two civil offices of emolument, and if 60, doea thla violate the provielone of Section 40 of Article XVI of the Conatltutlon of Texas.
Section 40 of ArticleXVI of the Constitutionof Texas reads in part:'

"No pereon ahall hold or exerclae, at the same time more thkone civil office of emolument.

. .'I

A Conetableduly elected to such office is holdinga civil office of emolument. Section 18, ArticleV, of the Constitutionof Texas, provides for~t_he election of a Constable in each precinct of a county; Sectio6P of Article XVI of the Constitutionof Texas, providesthat it le mandatory that all law enforcementofficer8 shall be compensatedon a ealary basis beginningJanuary 1, 1949.

We next consider the question of whether a person who has been elected ae a member of the Board of Directors of a Water Control and ImprovementDistrict, Is holding a clvll office of emolument.

Article 7880-37, Vernon’s Civil Statutes,providesa8 followe:

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'There shall be held a general election in aald water controland Improvement districts on.the secondTuesday In Januarynext after the aaid dletrlct la formed at which time five directors for each district shall be elected. The three directorsrecelvlng.the highest vote ehall serve for two yeare. The other two directors shall serve for one year. At the secondannual election two.dlrectora ahall be elected to eerve two yeare. At the third annual electlqnthree directors shall be elected to serve two years, and thereafterthere shall be an annual election of two directors in one year and three dlrecf;ofs in'the next year incontinuingsequence. -Acts, 39th Leg., 1925;' ch. 25, p. 95, 8 37; Acts 40th Leg., 1st C.S., lg27, ch. 107, p. 496, 5 6.
Article 7880-39,Vernon's Civil Statutes,provides as follows:

"Thedirectorsof a dletrlct shalseach make and furnisha good and aufficlent.bond In the sum of five thousanddollara,payable to the district,condltloned.upon the falthful performanceof their duties as such direct&s. They ehall each take and subscribean oath of office with conditionstherein as providedby law for members of the county commissioners' court. After the organizationof a district as hereinprovidedand the qualificationof the first board of directors all such bonds required to be given by a director or other officer of a district shall be approvedby the directorof the district, All such bonds shall be filed for record in the office of the county clerk of the county In which the director lives and shall then be recorded In a record kept for that purpose In the offlce~ofthe dletrlct and be filed for"safekeeping In the depository of the district. P. 96, a 39. Acts 39th Leg., 1925, ch. 25,

Article 788043, Vernon's Civil Statutes,provides a8 follows:

"The directors shall receive a8 fees of office the sum of not to exceed Twenty-five

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Dollars ($25.00)per day for each day of eervice necessary to discharge their duties; provided, however, that such fees shall not exceed the sum of One Hundred Dollars ($100.00) for any one month regardless of the number of days of necessary serviceduring that month. They shall file with the secretarya verified statement showing the actual number of days of service each month on the last day of the month, or as soon thereafteras possible and before a warrant shall be issued therefor." As amended Acts 55th Leg., 1957, ch. 415, p. 1251, # 1.

It can thus be seen from a readlng of the above statutes that a member of the Board of Directors of a Water Control and ImprovementDistrict Is an elective office for which the Directorsreceive a fee for servicesperformed,and is thereforea civil office of emolument.

/ It is thereforeour opinion that the office of Conetable and the office of Director of a Water Coritrol and Improve-

, ment District are both civil offices of emolumentand that the

holding of both~'officee at the same time Is in violationof Section 40 of Article XVI of the Constitutionof Texas.

SUMMARY
Section 40 of Article XVI of the Conetitutlon of Texas, forbids the holding of more than one civil office of emolument at the same time. The office of Constableand the office of Director of a Water Control knd ImprovementDistrictare both civil offices of emolument and It Is unconstitutionalfor one Individualto hold both offices at the same time. A.

Prepared

by John H. Banks Assistant

Attorney General

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