Hondrable J&m Leahy. Director Cottop Rosearch Corrmi~ttee T&ms A 8~

M College College Station,Texas

IloarSir: Opinion Do. O-6821 Rer Legality of employmentand 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

"Reremithan original and duplicate of a CottonResearch Ccmmittoe --~-'payroll

for the month of Januarywhich authorizes the payment of salarjee for twomembers of the staff of tho ?+Iginoering Xxpormisnt Station of theA. 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 staffmembers of the,Ehgineoring Exporiment Station derive their total compensation from the funds of the Cotton Rescarbh Committee and are in faot bona fide faaultymambors of the A. & M. College of lexns entitled to participate in thq collateralbonefits 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 0111E;lo, 403 of the 47th Legislature, but conditiomod in respect to the legality of the contemplated departure from pst practice in the administrationof the Cotton Research Committee funds.

“Heretofore all persons receiving componsntionfrom the Cotton Research Corrmtittee have been exol.unively e~mployoos

of the Committee assigned to the several oooporating State Institutionsof 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 eontemplatesmaking diroot payments of the total conpnnsctionto **certain** emRloyt?os of the swveral oooporating :;tsteInstitutionsof higher learningxho 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 compensationas are prwidnd in -???.a pafloll do cot conform to tho terms of the payroll affidavitin resepet to that portion which ropresoatasthat 'nopeof the employocs on this payroll is~recoivirg salary or oompbnsationas agent, officer, or a~pointco, :ho holds at the same time any other position of honor, trust or Frofit, under this state, eta.', notwithstandingthe fact tbt their to%al compensationoomes from only one source, i.e., tha i&ton Research C0m1ittes.

."Inview of the foregoing,we.tillAbepleased 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 contemplatesan administrativefunction in directing research activities 'or the Cotton Research Covaaittoo witbout compensation in any form except out of the funds of theP..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 theA. b:!A.College of Texas out of the appropriated funds of the CottonRescaroh "%mm:ttee which bad previouslybeen sl.lcaated by the Cotton Research Committoe to support researchundortokings at the 8. 6: K. Collegeof Texas, whereby the compensationpaid out of the Cotton Research Qmwittee funds is the total comkx%!sation, under the condition that such employees retain their identitywith the k. & M. College to the end that they may be pttittod to keop in force and enjoy the rights and privilegesof such association in the form of Group Insurance and Tenchor Retirement benefits.

"Ifyour opinion supports tho legality of the attachedpayrolld,xl11 you kindly submit the same to the State Comptroller of ?ublio f.cconr.ts for paymoot." Subject to cortain exceptionsnot here pertinent, Sootion 40 of Article XVI of our Constitutionforbids arq person to hold or exercise, at tho same time,more than one "civil office of ClDlOlUl2GIit~” In our 

### OHnionHoeW?EQl

### weO\rlcdthat Rposlbka? i@t;hofnoulQ 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)

thatnoithherths enployment of the Projects Prjnoipal nor the employment of the other tzo individualsmentioned inyour lettervio?.atestho 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 shallnoithor 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 thevarious "tate sahools are directed by Senate ail1 403 to notice the "declarationof polioy" set forth **in** this legislation and, if nccessnry, to roviso thoir activities to conformwith such poliay, the Cosaxitteo is neither a branch nor an extramural divisl.on of azv State educational j,nstitution. Indcod, 80 strongwas the legislative intent to maintain the Com**mittee** as an independentagenoy that the 48th Legislature speoifioallyprovided that none of the funds appropriated to the Committee shouldbe used to "supplementany appropriationmade to the various educational institutions for businessrosceroh.' Sots of the 48th Legislature,R.S., 87&-877. TY;O of tho individualsmentioned in your letter are agents or appointees of this Committeeto draw **their** 

### a&ire compensation from its appropriation. The third individualreceives no oompensation from the Committoo,but
serves at a Project Prir.oi.pal for tha Committeewith respect to 

### certain projects, snd has signedthe affidavit appended to the payroll in question,

The Enginocring Experiment Station is one of the extramural divisions of theA. de

M. College. 'Theindlvidunlwho serves as Projoots Prinoipnl for the '&mmitteealso serves as Vice-Mrcotor of the Experiment Station and receiveshis oomponaationfrom tha appropriationto the Station, The othar two individual8mentioned in your letter are, inyourwords, 'bona fide faoulty members of tho b. & M. College," and, as such,nre entitled to maintain snd onjoy osrtainprivileges as mombers of the ::tat:tg Teachers' Retirement System and as members of a group insuranceplan. Since those faoulty nmbrs racoivc no salary from the 'College, onaoan perhaps argue thnt their position on the faculty is not nom a "position of profit," al.though tho benefitswhioh thoy enjoy through their continued ascooi.ati.on with the Teaohers'Retizwment System and with group insurance plan make this nrgument of doubtfulvalidity. &over8 without passing on this question, and
even assuming for the purpose of this opinion that their present status as facultymembers 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 Statemay neither draw nor pay a warrant upon the treasury to pay thrso individualsany sal.ary or compensationfor labor performed
as an agent or appointee of the Cotton Rosonrch Committee.l3-21.