Hon. Bill T. Swanson, Chairman Opinion No. M- 1194 

Oil, Gas, and Mining Committee 

House of Representatives Re: Whether office holders, 

State Capitol Building such as judges~, may 

Austin, Texas 78711 simultaneously hold 

office on the boards 

of regents of State 

Dear Representative Swanson: institutions. 

Your recent letter requesting the opinion of this 

office concerning the referenced matter states as follows.: 

"As chairman of the Oil and Gas Committee, 

I respectfully request an opinion from your 

office in regard to office holders, such as 

judges, also holding office on the Board of 

Regents of State institutions. I personally 

feel that this is in conflict with the State 

constitution, however, your office may clarify 

same. ” 

Section 33 of Article XVI of the Constitution of 

Texas, as amended in 1967, provides, in pertinent part, as 

follows: 

"The Accounting Officers of this State 

shall neither draw nor pay a warrant upon the 

Treasury in favor'of any~ person for salary or 

compensation as agent, officer or appointee, 

who holds at the same time any other office 

or position of honor, trust, or profit, under 

this State, except as prescribed in this Constitution. . . It is further provided, until 

September 1, 1969, and thereafter only if 

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Won. Bill T. Swanson, page 2, (M-1194) 

authorized by the Legislature by general law 

under such restrictions and limitations as the 

Legislature may prescribe, that a non-elective 

State officer or employee may hold other nonelective offices or positions of honor, trust, 

or profit under this State or the United States, 

if the other offices or positions are of benefit 

to the State of Texas or are required by State 

or federal law, and there is no conflict with 

the original office or position for which he 

receives salary or compensation. . . . . (emphasis 

added.) 

Pursuant to the authorization contained in Section 

33, as amended, the Legislature enacted Article 6252-9a, 

Vernon's Civil Statutes, which, in substance, allows a nonelective State officer to hold another non-elective State or 

federal office when such dual office holding is of benefit 

to the State of Texas and is not incompatible with the original office held. 

Section 40 of Article XVI of the Constitution of 

Texas provides, in pertinent part, that: 

"NO person shall hold or exercise at the 

same time, more than one Civil Office of emolument. . . .(I 

For purposes of your opinion request, we are assuming 

that the "judges" to whom you refer are elected officials and 

that they are paid their salaries by the State of Texas. We 

further assume that the members of the boards of regents to 

whom you refer receive no compensation from the State for 

their services as regents. 

In accordance with the hypothetical set of facts 

set forth in the preceding paragraph, Section 40, supra, is 

not applicable to your opinion request, inasmuch as a nonsalaried regent does not hold a "civil office of emolument" 

-5829- 
Hon. Bill T. Swanson;page?, .(M-119.4) ::: 

within the meaning of that Section. See Whithead v. Julian, 

476 S.W.2d 844 (Tex.Sup.1972); Attorney General% Opinions 

NOS. M-409 (1969) and and M-042 (1971). 

Further, neither the proviso to the 1967 amendment 

to Section 33, supra, nor Article 6252-9a is applicable to 

your request, as both of those provisions apply.only to one 

holding two non-elective positions; we reiterate that we are 

assuming that the "judges" to whom you refer hold elective 

office. 

Thus, the only constitutional provision that remains 

apposite to your request is the first sentence of Section 33, 

quoted supra. In accordance with that provision, you are 

advised'that, in the event the elected, State-salaried judges 

to whom you refer are appointed to and accept a non-salaried 

position as members of the boards of regents of State institutions, they would not be entitled to receive any State compensation for the judicial positions they now hold. Bovett v. 

Calvert, 467 S.W.2d 205 (Tex.Civ.App. 1971, error ref. n.r.e.) 

------- SUMMARY 

(1) Pursuant to Section 40 of Article XVI 

of the Constitution of Texas, the position of a 

non-salaried member of the board of regents of a 

State institution is not a "civil office of 

emolument" within the meaning of that Section. 

(2) Pursuant to Section 33 of Article XVI 

of the Constitution of Texas, an elected, Statesalaried judge may also ho.ld the non-salaried 

office of regent of a State-supported institution, 

but if so, he may receive no compensation from 

the State for his position as judge. 

C. MARTIN 

ney General of Texas 

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Hon. Bill T. Swanson, page 4, W-1194) 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Roger Tyler 

Jack Sparks 

James Broadhurst 

Houghton Brownlee 

SAMUELD.MCDANIEL 

Staff Legal Assistant 

ALFREDWALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

. 

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