TEE ATTORSEY GENERAL 

OF TEXAS 

December 24, 1986 

Honorable Roy Blake 

Chairman 

Committee on Administration 

Texas State Senate 

P. 0. Box 12068 

Austin, Texas 78711 

Opinion No. JM-594 

Re: Whether a county judge 

may also serve as director of 

a river authority 

Dear Senator Blake: 

You inquire about the legality of an elected official who serves 

with pay also serving as director of a river authority. You state 

that a director of the Angelina and Neches River Authority has been 

elected to the office ~of c&nty judge in Cherokee County, to .a term 

beginning January 1, 1987. You wish to know whether he may serve in 

both positions. 

Article XVI, section 40, of the Texas Constitutiowprovides the 

answer to your question. This constitutional provision states as 

follows: 

Sec. 40. No person shall hold or exercise at 

the same time, more than one civil office of 

emolument, except that of Justice of Peace, County 

Commissioner . . . [other exceptions not applicable] unless otherwise specially provided herein. 

Tex. Const. art. XVI, section 40. 

A director of the Angelina and Neches River Authority occupies a 

civil office of emolument. Management and control of the affairs of 

the district is vested in the board of directors, which consists of 

members appointed by the governor and confirmed by the senate. Acts 

1935, 44th Leg., ch. 97, 54 at 239; Acts 1945, 49th Leg., ch. 287 at 

456 (formerly codified as V.T.C.S. art. 8280-108, §4). Various 

governmental powers are conferred upon the directors of the river 

authority, including the power to issue notes and other obligations 

secured by revenues of the district. See Acts 1935, 44th Leg., ch. 

97, 9511, 14-18 at 241, 242-6. The directors are to receive ten 

dollars for each day of service necessary to carry out their duties, 

provided that the service is authorized by vote of the board of 

directors. Acts 1935, 44th Leg., ch. 97, $8 at 241. The directors of 

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Eonorable Roy Blake - Page 2 (JM-594) 

_-. 

the river authority exercise sovereign functions of the government 

largely independent of the control of others, and they receive 

compensation for serving. See Aldine Independent School District v. 

Standley, 280 S.W.2d 578 mx. 1955). They are therefore civil 

officers of emolument within article XVI, section 40, of the Texas 

Constitution. See also Attorney General Opinions JM-172 (1984) 

(directors of river authorities are not included within exemption in 

article XVI. section 40 for directors of soil and water conservation 

districts); M-45 (1967) (director of Water Control and Improvement 

District occupies civil officer of emolument); O-490 (1939) (director 

of Brazes River Conservation and Reclamation District occupies civil 

office of emolument). 

A county judge occupies a civil office of emolument. See Tex. 

Const. art. V. 515, see also Attorney General Opinion V-15417952); 

Letter Advisory No. 61 (1973). He does not fall within any of the 

exceptions to article XVI, section 40. County commissioners are 

excepted from that provision, but even though the county judge presides over the commissioners court, he occupies a distinct-elective 

office with duties that differ from those of the four county commissioners. See e.g.; Tex. Const. art. V, 0415, 18; art. XVI, 565. 

Article XVI, section 40, of the Texas Constitution bars one 

person from servini as director of the Angelina and Neches River 

Authority and at the same time serving as a county judge. In this 

case, the individual's qualification for the office of county judge 

operates as a resignation from his office as director of the river 

authority. See State ex rel. v. Brinkerhoff, 17 S.W. 109 (Tex. 1886). 

The office ofdirector thereby becomes vacant. 

SUMMARY 

Article XVI, section 40, of the Texas Constitution prevents one person from serving as a county 

judge and as director of the Angelina and Neches 

River Authority. 

JIM MATTOX 

Attorney General of Texas 

JACK HIGHTOWRR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

p. 2654 
Honorable Roy Blake - Page 3 (JM-594) 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Susan L. Garrison 

Assistant Attorney General 

p. 2655