March 24, 1967 

Honorable Fred P. Holub Opinion No. M-b!5 

County Attorney 

Matagorda County Re: Whether a pereon may 

Bay City, Texae hold the office of Conetable and at the eame 

time be elected and 

eerve a8 Director of 

a Water Control and 

Dear m. Holub: Improvement District. 

. You have requested an opinion from this office a8 to 

whether a pereon who holds the office of Constable, and during 

his term of office, Is elected ae 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 Article XVI of the Constitution of Texas 

reads in part:' 

"No pereon ahall hold or exerclae, at the 

same time more thkone civil office of emolument. . .'I 

A Conetable duly elected to such office is holding a 

civil office of emolument. Section 18, Article V, of the Constitution of Texas, provides for ~t_he election of a Constable in 

each precinct of a county; Sectio6P of Article XVI of the Constitution of Texas, provides that it le mandatory that all law 

enforcement officer8 shall be compensated on a ealary basis 

beginning January 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 Improvement District, Is holding a clvll office 

of emolument. 

Article 7880-37, Vernon’s Civil Statutes, provides a8 

followe: 

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Hon. Fred P. Holub, page 2 (M-45) 

'There shall be held a general election 

in aald water control and Improvement districts 

on.the second Tuesday In January next after 

the aaid dletrlct la formed at which time five 

directors for each district shall be elected. 

The three directors recelvlng.the highest vote 

ehall serve for two yeare. The other two 

directors shall serve for one year. At the 

second annual election two.dlrectora ahall be 

elected to eerve two yeare. At the third 

annual electlqn three directors shall be elected 

to serve two years, and thereafter there shall 

be an annual election of two directors in one 

year and three dlrecf;ofs in'the next year incontinuing sequence. -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: 

"The directors of a dletrlct shalseach 

make and furnish a good and aufficlent.bond 

In the sum of five thousand dollara, payable 

to the district, condltloned.upon the falthful performance of their duties as such direct&s. 

They ehall each take and subscribe an oath of 

office with conditions therein as provided by 

law for members of the county commissioners' 

court. After the organization of a district 

as herein provided and the qualification of 

the first board of directors all such bonds 

required to be given by a director or other 

officer of a district shall be approved by 

the director of 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~of the dletrlct 

and be filed for"safe keeping 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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Hon. Fred P. Holub, page 3 (M-45) 

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 service during that month. 

They shall file with the secretary a verified 

statement showing the actual number of days 

of service each month on the last day of the 

month, or as soon thereafter as 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 Improvement District Is an elective office for which 

the Directors receive a fee for services performed, and is 

therefore a civil office of emolument. 

/ 

It is therefore our opinion that the office of Conetable and the office of Director of a Water Coritrol and Improve- 

, ment District are both civil offices of emolument and that the 

holding of both~'officee at the same time Is in violation of Section 40 of Article XVI of the Constitution of 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 Constable and the office of Director 

of a Water Control knd Improvement District are 

both civil offices of emolument and It Is unconstitutional for one Individual to hold both offices at the same time. 

A. 

Prepared by John H. Banks 

Assistant Attorney General 

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