TEE ATTORNEY GESEHAL OP TEXAS

RonarableHohghton Rromnlee,Chairmen Committee on Governor'sNominations The Senate Austin, Texas Dear Senator Brownlee : Opinion No. Q-5157 Re: mether or not the fact that Mr. Mills is an employee of the Houston Independent School Distriot disqualiflee him from holdingmembership on the Board of Regents of the State Teaohers'College. we-have your request of Xaroh 23, 1943, as follma:
"At the request of the Senate of Texas and as Chairman of the Committee on Governor'sNominations, I am directedto submit to you the following question: WC. Hubert L. Kills has been appointed by the Governor as a member OS the Board of Regents of the State Teachers Colleges. Mr. Mills is an employee of the Houston IndependentSchools, serving in the capacityof BusinessRanager and not as teacher. "Does the fact that Mr. k~8.11~ is an employee of the Eouston IndependentSchool Districtdisqualifyhim from holding both that employmentand membershi

E on the doard of Regents of the State Teachers olleges?s Seotion 40 of Article -m of the Constitution with respect to dual office-holdingis of no importance in the considerationof your question. That Section declaresthat "No person shall hold or eX8rCis8*8;ttthe same time, more than one civil Orrice of emolument, , with certain exceptions not pertinenthers.

It has been uniformlyheld that where a person,holding one oivil office 0r emolument,acaeptsanother civil offioa of emolument,he thereby Ipso faoto vacates the first orrioe upon enteringinto the second. So that, Section 40 does not prevent the appointmentof Rr. Mills, or his acceptacne,of the positionas a manber of the Board of Regents of State Teachers' Colleges, in any event.

Section 33 of Article XVI of the Constitutiondealsa

Hon. Houghton Brownlee-page 2

with a quite similar situation,but it arrsots only the right of compensationby the State. That Section deolares:

"The aooounting orriaarsor this State shall neither draw nor pay a warrant upon the treasury in favor 0r any person, for salary or compensationas agent, officeror appointee, who holds at the same time any other oifioe or position or honor, trust or profit, under this State or the United States, except as aOO0idbOa in thia Oonstitution.* The situationpresentedby you does not come wlthin any at such eroeptiona.

It will be noticed this Section does not forbid the holding or such dual offioes or positions or honor, trust or profit, under the State or the United States, but it does torbid payment by warrant upon the treasury in favor of suah person for sulary or oompensation whatsoever. The prohibitionof pepment in a oase comingwithin that Section applies to both positions. Suoh a person oan draw pay from the State treasury for neither of suoh positions. (See OpinionNo. O-5123, oopy herewith).

So that, answering your question specirlaallg, we beg to advise that the fact that Mr. Mills Is an employeeof the Houston IndependentSohool Dlstrlot does not diaqualiryhim from holdingmembership on the Board of Regents of the State Teachers'Colleges.

Employment by the Houeton Independent, SchoolDistrict is not an offlce,but it la a.positionti honor, trust, and probably of profit; but the positionof membershipon the Board of Regents of the State Teaohers'Colleges is an orrice,under the law, within the meaning of Section 33, So that,while there is nothing forbiddingMr. Mills to hgld and exeroiss both the position of employee and the orriae of member of the Board of Regents at the same time, but in no avent nay the aooountlngofficers

### or the State issue or pay a warrant to him as salary or compensation whatsoeveras a member of such Board of Regents. Very truly yours ATTCRNE!f

G?6NBRfi

OF TEXAS By /a/ Ooie Spaer

. i%'k%ibMAR. 26 Assistant

1943 /a/ Gerald C. MaAn AE'ROVRDOPIRIOaCObMlTKS ATTORNEYGENERAL OFTE?XS BY BWB, Chairman