TEE ATTORNEY GESEHAL 

OP TEXAS 

Ronarable Hohghton Rromnlee, Chairmen 

Committee on Governor's Nominations 

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 holding membership 

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's Nominations, I am directed to 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 Independent Schools, 

serving in the capacity of Business Ranager and 

not as teacher. 

"Does the fact that Mr. k~8.11~ is an employee 

of the Eouston Independent School District disqualify him from holding both that employment and 

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-holding is of no importance in the consideration of your question. That Section declares that "No 

person shall hold or eX8rCis8*8;ttthe same time, more than one 

civil Orrice of emolument, , with certain exceptions 

not pertinent hers. 

It has been uniformly held that where a person, holding one oivil office 0r emolument, acaepts another civil offioa 

of emolument, he thereby Ipso faoto vacates the first orrioe 

upon entering into the second. So that, Section 40 does not 

prevent the appointment of Rr. Mills, or his acceptacne, of the 

position as a manber of the Board of Regents of State Teachers' 

Colleges, in any event. 

Section 33 of Article XVI of the Constitution deals 
a 

Hon. Houghton Brownlee- page 2 

with a quite similar situation, but it arrsots only the right 

of compensation by the State. That Section deolares: 

"The aooounting orriaars or this State 

shall neither draw nor pay a warrant upon the 

treasury in favor 0r any person, for salary 

or compensation as agent, officer or 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 situation presented by 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 prohibition of pepment in a oase coming within 

that Section applies to both positions. Suoh a person oan 

draw pay from the State treasury for neither of suoh positions. 

(See Opinion No. O-5123, oopy herewith). 

So that, answering your question specirlaallg, we beg 

to advise that the fact that Mr. Mills Is an employee of the 

Houston Independent Sohool Dlstrlot does not diaqualiry him 

from holding membership on the Board of Regents of the State 

Teachers' Colleges. 

Employment by the Houeton Independent, School District is not an offlce, but it la a.position ti honor, trust, 

and probably of profit; but the position of membership on 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 forbidding Mr. 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 aooountlng officers or the State 

issue or pay a warrant to him as salary or compensation 

whatsoever as 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 

ATTORNEY GENERAL OFTE?XS BY BWB, Chairman