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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 opinionNo. 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 departmentyou state the State Auditor has questionedthe 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

prohibitionis not simply against the holding of two civil offices. To come within that Article the positionsmust be offices of emolument.

The rule **is stated**  in **34** Tex. Jur., 349, Public Orfloers, Sec. 17:

“The Constitutionapplies 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, oompensationor pecuniarygain ati taches 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 similarlystated in State v. Martin, (Civ.App. 1932), 51 S. W. (2d) gl5, whme rmt ran individualto hold the offices of school ,trustee and tax assessorwas ohallenged:

"The constitutional provisiondoes 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 provisiona plies, arbitrarily,only to lcivilofrice(s k of emolumemt,1

~whereasthe offioe of trustee of the Laredo independentschool district is not one of 'emolument,* since the holders thereof 'shallserve 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'sOpinions.O-1422and o-2991. .Y

Since the statute creating the LowerNeches River Authorityprovides that the members of its Board of Directors "shallreceive 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; OpinionO-490. 1933, 1st C. s. p. 169; 21 V.C.S.

However,Article 2612 R.C.S.,with referenceto A. &M. College,provides:

"Said Directorsshall servewithout com- .pensation,

but shall receive actual expenses incurred in attendingsaid meetings or in the transaction

of' any business of the College'imposed by said Board." Since the Statute expresslyprovides that such direotorsshall servewithout oompensatlon,the provision for mere reimbursementof aotual expensesdoes,notmake the orfioe one of %nolument.*

The.term "emolument" has been derinedas meaning "peouniary

profit gain, or advantage." Irwin v. State, (Tex.Grim. App. 19443 177 S. W. (26) 970. Bouviiirvs F Dictionaryderines wemolumentwas "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'sNew International Diction- $ywid: &ibi;dged) defines wemolumentwas'"BrOfit from ofrioe, employment,or labor; compensation, fees or salary."
We thereforehold, and you are so advised, that sinoe the of'fice of Director of A. & M. College is not one of "emolument, n the'statuteexpressly providing that such directors shall serve "withoutcompensation." You may therefore simultaneously hold that office and ~the office of Director of the Lower Neches Valley Authority.

However, since both directorshipsare 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'infavor of any person, for salar or .+ - oom ensationas agent, officer or appo n ee, W* the same time any other office or position of honor, trust or, profit under this State.
. . ."~ SUMMARY Membershipon the Board of Directors of. A. & k4.

College,while constitutingan office, is not an "office of emolument,wsinoe Article 2612 expre&ly providesthat 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 Bcoountingofficers of the State may not issue a warrant in his behalf for salary or omapensation

while such personholds both offices. Section 33 of Article 16. 

# fgig!q&!&t

JRG:wb Joe R. Greenhill ExecutiveAssistant