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R-1003 

PRICE DANIEL 

ATTOR?aEY GENERAL 

Auwrxr 11. -rExA= 

December i3, 1947 

Mr. John W. Newton, 

Member Board of Directors, 

Texas A. & M. College, 

P. 0. Box 3311, 

Beaumont, Texas opinion No. v-462 

Dear Mr. Newton: 

Re: Whether a Member of the 

Board of Directors of ’ 

A & M College holds an 

Office of Emolument. 

that 

Your 

In your letter to this department you state 

the State Auditor has questioned the legality of 

serving simultaneously on the Board of Directors 

of both Texas.A. & Mb. College and the Lower Heches Valley Authority, in vierr of Seotion 40 of drtlols 16 of 

the Texas Constitution. 

That article provfdes in part: 

“No person shall hold or exercise, at 

the same time, more than one civil office of 

emolument . . . . v ( Rmphas is amtK&oz 

this opinion.) 

Unquestionably, both of these positions on 

the Board of Directors are “civil offices.” It will be 

so ‘assumed for the purposes of this opinion. But the 

oonstitutlonal prohibition is not simply against the holding of two civil offices. To come within that Article the 

positions must be offices of emolument. 

The rule is stated in 34 Tex. Jur., 

349, Public Orfloers, Sec. 17: 

“The Constitution applies only to offices 0r emolument. fEmolument ( means a 

profit, gain or advantage; hence 

the same II= may hold two civil offices 

whew-re _ no pay, oompensation or pecuniary gain 

attachesi to one of them, provided they are 

not lnCom~.rurwo lncompat ible o n 

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m. John W. Newton - Page 2 (V-462) 

The rule is similarly stated in State v. Martin, (Civ. App. 1932), 51 S. W. (2d) gl5, whme rmt 

ran individual to hold the offices of school ,trustee and 

tax assessor was ohallenged: 

"The constitutional provision does not, 

per se and as a matter of law, prohibit a 

person from holding the office of aohool trustee while also holding another pub110 office, 

for the simple reason that that provision a 

plies, arbitrarily, only to lcivil ofrice(s k 

of emolumemt,1 ~whereas the offioe of trustee 

of the Laredo independent school district is 

not one of 'emolument,* since the holders 

thereof 'shall serve without compensation.'* 

See also Graves 1. M. Griffin O'Nei,l & Sons, 

189 S. W. 778. Thomasnernan Count- Line.-ST 

;?78 S. W. 312' rev. on-otdd&t%m.Gere 

incompatible): 290 S, W. 152; and Attorney General's Opinions.O-1422 and o-2991. 

.Y 

Since the statute creating the LowerNeches River Authority provides that the members of its Board of Directors "shall receive as fees of office the sum of not to exceed Ten Dollars ($10.00) per day for each day of service 

necessary to discharge their duties," that ofiice is one of 

emolument. Acts 43rd Leg., 

581; Opinion O-490. 

1933, 1st C. s. p. 169; 21 V.C.S. 

However, Article 2612 R.C.S., with reference to 

A. &M. College, provides: 

"Said Directors shall serve without com- 

.pensation, but shall receive actual expenses 

incurred in attending said meetings or in the 

transaction of' any business of the College' imposed by said Board." 

Since the Statute expressly provides that such 

direotors shall serve without oompensatlon, the provision 

for mere reimbursement of aotual expenses does,not make the 

orfioe one of %nolument.* 

The.term "emolument" has been derined as meaning "peouniary profit gain, or advantage." Irwin v. State, 

(Tex. Grim. App. 19443 177 S. W. (26) 970. Bouviiirvs F 

Dictionary derines wemolumentw as "The 

offioe or employment; that which is 

for services, or whioh is annexed to 
. . 

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\ 

Mr. John W. Newton - Page 3 (v-462) 

Webster's New International Diction- 

$ywid: &ibi;dged) defines wemolumentw as'"BrOfit 

from ofrioe, employment, or labor; compensation, fees or 

salary." 

We therefore hold, and you are so advised, 

that sinoe the of'fice of Director of A. & M. College is 

not one of "emolument, nthe'statute expressly providing 

that such directors shall serve "without compensation." 

You may therefore simultaneously hold that office and ~the 

office of Director of the Lower Neches Valley Authority. 

However, since both directorships are offices 

of honor and trust. YOU may not be paid from the Treasury 

~~~~,~h~~ot~,t~e~~.~~c~~~n,“,‘~~~e~~ 

bursement for salary or expenses from either offiae, it 

Is not necessary to here decide whether "expenses" .oome ' 

within the terms "salary or oompensation," as used in Seotion ~33 of Artiole 16. That article reads: 

"The accounting,officers of this State 

shall neither draw nor pa'y a warrant upon the 

treasury'in favor of any person, for .+ salar - or 

oom ensation as agent, officer or appo n ee, 

W* the same time any other office or 

position of honor, trust or, profit under this 

State. . . ."~ 

SUMMARY 

Membership on the Board of Directors of. 

A. & k4. College, while constituting an office, 

is not an "office of emolument,w sinoe Article 

2612 expre&ly provides that such members shall 

serve "without compensation." Hence one person may serve as a member of the Board of Dire+ 

tors of A. & M. College and the Lower Neches 

Valley Authority. Seotion 40 of Arti 16. However, the Bcoounting officers of the State may 

not issue a warrant in his behalf for salary or 

omapensation while such person holds both offices. 

Section 33 of Article 16. 

fgig!q&!&t 

JRG:wb 

Joe R. Greenhill 

Executive Assistant