THEATTORNEY GENERAL 

OFTEXAS 

Col. Laurence T. Ayres 

Executive Assistant 

E&Emergency Resources Planning Committee 

Austin, Texas 

Opinion HO. C-589 

Ret 

Dear Sir: 

You have requested the opinion 

following question: 

Authority of members of the 

Texas Association of Home 

Builders to serve as State 

Executive Reservists and Advisors under the mergency 

Resources Hanagement Plan. 

of this office on the 

"Can members of the Texas Association of 

Home Builders serve as State Executive Reservists and technical advisors to the State Highway Engineer in his proposed emergency position 

of Director; Construction and Housing, in preattack planning involving the State of Texas 

Emergency Resources Management Plan without 

violating so-called conflict of interest laws?" 

The Emergency Resources Management Plan was created 

pursuant to the provisions of Article 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 6 i! 89-4, 

to create such a plan and, under the proVernon's Civil Statutes, the Governor 

had the authority to select persons to assume responsibility of 

enforcing such orders, rules and'reguLations as may be necessary 

to protect life and property in this State in case of natural 

disaster, enemy action, or threat thereof. 

Reither Section 33 of Article XVI of the Constitution of 

Texas (prohibiting'the accounting officers of this State from 

drawing a warrant on the Treasury in favor of any person for 

salary or compensation who 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 (prohibiting the holding at the same time 

of more than one civil office of emolument) are applicable to 

members of the Texas Association of Home Builders, for the reason that such members do not hold any office or position under 

this State or the United States, nor do such members hold a civil 

office of emolument. 

We have not been directed to any provision of the Constitution of Texas or any statutory provision which would prohibit members of the Texas Association of Home Builders from serving as 

State Executive Reservists and Advisors to the State Highway 

Engineer, in his position of Director of Construction and Housing 

in the Rmergency.Resources Mana ement Plan adopted pursuant to 

the provisions of Article 6889-g; Vernon's Civil Statutes. Her 

are we aware of any prohibition of such persons serving as such 

advisors. You are therefore advised that me'mbers of the Texas 

Association of Home Builders may be appointed to serve as State, 

Executive ,Reservists and Advisors to the State Highway 'Engineer, 

in his pos&tion as Director of Construction and Housing in the 

Emergency Resources Wana ement Plan, adopted pursuant to the p,rovisions of Article 6889- 8 , Vernon's Civil Statutes. 

SERY 

Members of the Texas Association of Home 

Builders may be appointed to serve as 

State Rxecutive,Reservists and Advisors 

to the State Highway Engineer, in his 

position as Director of Construction and 

Housing in the Rmergency Resources Management Plan, adopted,pursuant to the provisions 

of Article 6889~4,, Vernon's civil Statutes. 

Very truly yours, 

WAGGOWRR CARR 

Attorney General 

JR:ms 

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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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