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 whoholds a commission Dear Sir: as Special State Ranger.
Wehave your letter of January 15, 

### 1941 cwherein you ask the opinion of this department upon the ques ion whether an Investigator for the Texas State Board of Medical Examlmrs mayhold a commission as a Special Texas Ranger at the same time, and continue to drawhis salary as investigator.
Section 

### 33of Article part as foll@war 

### 16of the Constitution provides in

“The accounting officers of this State shall neither drawnor pay awarrant upon the Treasury in favor of any person, for sslary or compensation as agent, officer or appolntee, whoholds at the sametime 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 

### 33contains certain exceptions, none of which are materj,al to the subject of your inquiry. SkepecialTexas 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: TheCommission shall have authority to appoint suahnumberof Special Rangers as maybe deemedadvisable, not to exceed three hundred in number; such Rangers shall not have any connection with anyRanger Companyor HighwayMotor Patrol, but they shall at aJ.1times be subject to the orders of the Commission and Governor for special duty to the sameextent as the other law enforcing officers provided for in this Act; such SpecitiHon. T. J. Crowe, page 2 

### (o-3045)

Rangers, however, shall not have the authority to enforce anylaws 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 andmotor 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 agood and sufficient bond executed by a s,urety companyauthorized .to do business in Texas In the sumof Twenty-five HundredDollars, approved by the Director nifying all persons’ against damages accru ng 1 indemas a resuit 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, andthe Director can revoke any Special Ranger Commission at anytime ‘for cause, and such officer shall be designated iti the Commission as Special Ranger ***If
Wedonot find It necessary to decide the question whether
a speoial Ranger in this State holds an “office” under this State., Whatever maybe 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 

### 33of Article 

### 16 therefore prohiblts the aticounting officers of this State from drawing or paying awarrant upon the Treasury in favor. of any person for salary or compensation as ,,investigator ,for your Board, while such person holds at the sametime the position of honor andtrust, of Speaial Texas Ranger. ”
That the efficiency of your investigators maybe increased by having thempossess the authority of peace -officers is amattar 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 State Board of Medical Examiners with the authority of a peace officer.

“APPROVED

JAN

### 30,'

1941 Yours very truly /s/ Grover Sel~lers ATTORNEY GENERAL

OFTEXAS FIRSTASSISTANT

ATTORNEY By/s/ R. W.Fairchild GENWAL Richard W. Fairchild, Assistant
APPROVED:

C@&NI~~~~~TEE BY:
, RWF:EP:wb