Hon. T. J. Crowe Secretary 

Texas St$te Boar4 of Medical 

Opinion O-3045 

Re: Authority of accounting 

Examlnmr s officers of this State to isMercantile Building sue warrant for salary to an 

Dallas, Texas Investigator for the Texas 

State Board of Medical Examiners who holds a commission 

Dear Sir: as Special State Ranger. 

We have your letter of January 15, 1941 

c 

wherein you ask 

the opinion of this department upon the ques ion whether an 

Investigator for the Texas State Board of Medical Examlmrs 

may hold a commission as a Special Texas Ranger at the same 

time, and continue to draw his salary as investigator. 

Section 33 of Article 

part as foll@war 

16 of the Constitution provides in 

“The accounting officers of this State shall 

neither draw nor pay a warrant upon the Treasury 

in favor of any person, for sslary or compensation as agent, officer or appolntee, who holds at 

the same time any ether office or posltlon, of 

honor trust or profit, under this State or the 

United States 

stitution. ** 3 

except as prescribed In this Con- 

” 

Section 33 contains certain exceptions, none of which are 

materj,al to the subject of your inquiry. 

Skepecial Texas Rangers are appointed by the Public Safety 

Commission under the authority of Vernon’s Civil Statutes, Article 4413 (ll), Section 5, which seatlon reads as follows: 

“Special Rangers: The Commission shall have authority to appoint suah number of Special Rangers 

as may be deemed advisable, not to exceed three 

hundred in number; such Rangers shall not have any 

connection with any Ranger Company or Highway Motor 

Patrol, but they shall at aJ.1 times be subject to 

the orders of the Commission and Governor for special duty to the same extent as the other law enforcing officers provided for in this Act; such Speciti 
Hon. T. J. Crowe, page 2 (o-3045) 

Rangers, however, shall not have the authority 

to enforce any laws except those designed to 

protect life and property, and such Rangers are 

especially denied the authority to enforce any 

laws regulating the use of the State Highways by 

motor trucks and motor busses and other motor vehicles. Such Rangers shall not receive any compensation from this State for their seraices, and 

before the issuance of the Commission each such 

Ranger shall enter into a good and sufficient 

bond executed by a s,urety company authorized .to 

do business in Texas In the sum of Twenty-five 

Hundred Dollars, approved by the Director 

nifying all persons’ against damages accru 1 ng 

indemas a 

re suit of any illegal or unlawful acts on the part 

of such Special Ranger. All Special Ranger Commissions shall expire on January 1st of the odd 

year after appointment, and the Director can revoke any Special Ranger Commission at any time ‘for 

cause, and such officer shall be designated iti the 

Commission as Special Ranger ***If 

We do not find It necessary to decide the question whether 

a speoial Ranger in this State holds an “office” under this 

State., Whatever may be the decision upon that point, it is nevertheless clear that a Special Ranger does hold a “position of 

honor and trust” under this State, and Section 33 of Article 16 

therefore prohiblts the aticounting officers of this State from 

drawing or paying a warrant upon the Treasury in favor. of any 

person for salary or compensation as ,,investigator ,for your Board, 

while such person holds at the same time the position of honor 

and trust, of Speaial Texas Ranger. ” 

That the efficiency of your investigators may be increased 

by having them possess the authority of peace -officers is a mattar which should be addressed to the consideration of the Legislature,, which may, if it so desires, by law inve,st the office or 

position of investigator for the Texas St ate Board of Medical Examiners with the authority of a peace officer. 

“APPROVED JAN 30,' 1941 Yours very truly 

/s/ Grover Sel~lers ATTORNEY GENERAL OF TEXAS 

FIRST ASSISTANT ATTORNEY By /s/ R. W. Fairchild 

GENWAL Richard W. Fairchild, Assistant 

APPROVED: C@&NI~~~~~TEE 

BY: , 

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