### THEATTORNEY GENERAL OFTEXAS

Col. Laurence T. Ayres ExecutiveAssistant E&Emergency

Resources Planning Committee Austin, Texas Opinion HO. C-589
Ret

Dear Sir:

You have requested the opinion followingquestion: Authority ofmembers of the Texas Association of Home Builders to serve as State Executive Reservists and Advisors under the mergency ResourcesHanagement Plan. of this office on the

"Canmembers of the Texas Association of Home Builders serve as State ExecutiveReservists and technicaladvisors to the State Highway Engineer in his proposed emergencyposition of Director; Constructionand Housing, in preattack planning involving the State of Texas Emergency Resources Management Plan without violating so-calledconflict of interest laws?" The Emergency ResourcesManagement Plan was created pursuant to theprovisions ofArticle 

### 6889-4, Vernon's Civil Statutes. In passing on the validity of this Plan, it was held in Attorney General's Opinion C-455 

### (1965) that the Oovernor had the authorit visions of Article 

### 689-4, i!to create such a plan and, under the proVernon's Civil Statutes, the Governor had the authority to selectpersons to assume responsibility of enforcing such orders, rules and'reguLationsas may be necessary to protect life and property in this State in case of natural disaster, enemy action, or threat thereof.

Reither Section 

### 33of Article XVI of the Constitution of Texas (prohibiting'theaccounting officers of this State from drawing a warrant on the Treasury in favor of any person for salary or compensationwho holds at the same time any other

-2840-~01. Laurence T. Ayres, page 2 (c-589)

office or position of,honor, or the United;States), tru'st or profit under this State nor Section 40 of Article~XVI of the Constitution of Texas (prohibitingthe holding at the same time of more than one civil office of emolument)are applicable to members of the TexasAssociation of Home Builders, for the reason that suchmembers do not hold any office or position under this State or theUnited States, nor do suchmembers hold a civil office of emolument. We have not been directed to any provision of the Constitution of Texas or any statutoryprovision which would prohibitmembers of the TexasAssociation of Home Builders from serving as State Executive Reservists and Advisors to the State Highway Engineer, in his position of Director of Constructionand Housing in theRmergency.ResourcesMana ement Plan adoptedpursuant to the provisions of Article 

### 6889-g; Vernon's Civil Statutes. Her are we aware of any prohibition of suchpersons serving as such advisors. You are thereforeadvised thatme'mbersof the Texas Association of Home Buildersmay be appointed to serve as State, Executive ,Reservists and Advisors to the State Highway 'Engineer, in his pos&tion as Director of Constructionand Housing in the Emergency ResourcesWana ement Plan, adopted pursuant to the p,rovisions of Article 

### 6889- 8,Vernon's Civil Statutes.

SERY Members of the TexasAssociation of Home Buildersmay be appointed to serve as State Rxecutive,Reservistsand Advisors to the State Highway Engineer, in his position as Director of Constructionand Housing in the Rmergency ResourcesManagement Plan, adopted,pursuant to the provisions of Article 

### 6889~4,, Vernon's civil Statutes. Very trulyyours, WAGGOWRR CARR Attorney General

JR:ms

-2841-Col. Laurence T. Ayres, page 

### 3 (C-589)

APPROVED%

W'. V. Geppert, Chaiman Malcolm Quick Phillip Crawford Ivan WilliaJRS APPROVED FOR THEATTORRXY GENERAL Eyr T. B. Wright

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