t . 

PEE ATTQMNEY GENERAL. 

Q,P TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

AunTIN 11. - 

., 

January 18, 1949 

Hon. L. A. Woods 

State, Superintendent 

Department of, Education Re: Authority oi’~County 

Austin, Texas Superintendent or 

Superintendent of 

Attn: Hon. T. M. Trimble State aid school dlsFirst Assistant trict to act as coordinator of county 

veteran’s school and 

receive pay therefor. 

Dear Sir: 

We quote from your recent letter as tollovs: 

“In order that this oftice may better 

interpret the mean1.q of Sections 33 and 

Section 40 of Article XVI of the State Constitution, and to have a more concise understanding of the common law interpretation 

of incompatibility of positions, I am submitting to you the Sallowing examples and 

asking you to rule on each specific case: 

“1 . A county superintendent, uho is 

drawing the statutory salary, takes on the additional reeponsibllity of coordinating the 

county veterans school. May he receive an additional salary for the addition31 service 

which he renders a8 coordinator of the county 

veterans’ school? 

“2. A superintendent of an independent 

equalization aid school district is also acting as coordinator of a veterans’ school 

which is operated by his board of trustees. 

May he in addition to his regular salary receive an additions.1 salary for his services 

a8 coordinator of the veteranat school?” 

Artiole 2683b, V. C. S., provides as follovs: 
Hon. L. A. Woods, page 2 (V-759) 

“Sec. 2. The county school trustees of 

every county in the State of Texas are hereby 

authorized to maintain, operate and admlnlster special schools in their respectlvo cowaties and establish classes therein for the 

education and vocational training of veterans 

of World Ws,r II and also for any other educational benefits whlch,may be provided by law 

for such veterans, alr”ruoh schools and claase8 to be conducted under the jurisdiction 

and supervlalon of the respective county 

school bosrdr in their respective counties. 

Provided, however, that no provision of the 

herein Section 2 or this Act shall apply to 

those counties in which a tax Supported college or junior college la already operating 

such non-credit classes and schools for Veterans of World War II. 

“Sec. 3. The State Board ior Vocational 

Education Is hereby authorlsed to allocate 

and pay to the respective county boards of 

trustees of the respective counties in this 

state, and such county trustees are hereby 

authorized to receive, such money as well as 

any private donations made for the same purpose and shall stand charged with the power 

and duty to maintain, operate and administer 

the same for the purposes above stated. 

“Sec. 4. The county school trustees are 

authoriced to employ instructors, as they may 

deem necessary, and to do and perform all 

things which they deem proper for the successful operation of such schools, and pay for 

all such by varrants dratn on funds received 

by them for the purpose. 

The costs for the operation and maintenance of 

the “special schools’ authorised under Article 2683b are 

paid at the dlreatlon of the State Board of Vocational 

Education to county boards OS trustees operating such 

schools out of Federal funds received by the State Board 

in accordance with a State plan and contract approved 

and adopted by the Board and the Veterans Administration. 

Attorney Qeneral’s Opinions Ilos. O-6867 at page 4 etseq; 

V-51. The Federal funds so received and QlaC0d in the 

State Treasury have been appropriated to the specific 

purpose authorized by the Government. H. B. 542, 50th 
Hon. L. A. Woods, page 3 (V-759) 

Leg. Acts 1947, Sets. 4 and 5; Opinion Bo. O-6867. The 

State Board of Vocational Education acting under Section 3, Article 268jb, allocates and authorizes to be 

paid to each respective county board of trustees budgeted amounts needed for this program. A State warrant In 

lump sum for approved amounts Is forwarded to partlclpatlng county boards which, in turn, draw warrants on there 

funds received and de oslted by them for this purpose. 

Section 4, Article 26 8 3b. Thus, statutory authority is 

made for the Federal funds received by the State to 

reach the participating county boar$s to be used So; the 

purpose of administration of these SQ0Cial schools for 

veterans by the county school boards. 

Under the statute above quoted, It is clear 

also that the special schools or classes authorized 

therein constitute no part of the public free school 

system of Texas. They are not, nor was It intended that 

they be supported by any State public free school funds, 

per capita or equalization aid, county or local school 

district funds. Opinions Nos. O-6867, O-7258, V-51. 

Article 2683b provide8 that the county school 

trustees may employ instructor8 snd do all things which 

they may deem Qroper for the successful operation of 

such schools. Such instructors, teachers, co-ordlnators a.8 the county board deems proper for the OQeratlon 

of such schools and employs hold employments as dlatinguished from public offices. Attorney &n0ral’S 

Opinions Nos. O-7446, O-7491, O-5087, O-371 have prevlouslg advised to the effect that a school teacher does 

not hold an office; he is an employee. 

A county SUQ0rintend0ut, of course, is a public officer. Hs holds a civil office of emolument. 

Article 2688, V. C. S. HIS salary is based on the scholastic population of the county and is paid monthly upon 

the order of the county school trustees out of the Avallable School Fund of the county. Article 2700, V. C. 

Austin 1,S.D. v. Marrs, 121 Tex. 72, 41 S. W. (26) 9. 

S.; 

Attorney General’s Opinion Ho. O-7323 advises 

that a superintendent of an Independent school distriot 

holds a public office and that it IS a civil office of 

emolument. Klmbrough v. Barnett, 93 Tex. 301, 55 S. W. 

120, later cited b 

v. Belsterllng, 10 E 

the Supreme Court of Texas in BOMW 

Tex. 432, 138 S. W. 571; Temple I. 

S.D. v. Proctor, 97 S. W. (26) 1047, writ refused. His 

salary is paid out of local school funds of the dfSb?iCt 
Hon. L. A. Woods, page 4 (V-759) 

including any State aid funds for 

eligible and has made application 

1947. 

which the district IS 

We now examine the general law to see If there 

1s any legal inhibition to one person serving as county 

superintendent and co-ordlnator of "special schools" authorized under Art. 2683b, or as Superintendent of an 

Independent School District and co-ordlnator of such 

special schools. Section 40 of Article XVI, Constitution of Texas, prohibits the holding by one person of 

more than one civil office of emolument, with certain 

exceptions not pertinent here. We have already determined herein that a co-ordlnator employed by the county 

school board under Art. 2683b does not as such hold a 

civil office of emolument. It follows that the constltuMona1 provision prohlbltlng dual office holding 1s not 

applicsble and in itself would not prevent one person 

holding the office of county superintendent or the office of superintendent of an independent school district 

and the employment, co-ordlnator, under consideration. 

Section 33 of Art. XVI, Constitution of Texas, 

prohibits the accounting officers of this State from 

drawing or paying a warrant upon the Treasury in favor 

of any person for salary or compensation as agent, officer or appointee, who holds at the same time any other 

office or position of honor, trust or profit under this 

State or United States. Since the State accounting officers neither draw nor pay a warrant upon the Treasury 

in favor of either the county superintendent, the superintendent of an independent school district, or the coordinator under consideration, this section is inappllcable. Attorney General's Opinions Nos. O-5087, o-7491. 

The prohibition in Section 33, Article XVI, is directed 

at payments out of the State Treasury on warrants issued 

and paid by the State's accounting officers. Attorney 

General's Opinion No. V-689. 

We have consldered the statutes relative to 

the respective duties incumbent upon a county superintendent and the co-ordinator under consideration, as 

well as those concerned with a superintendent of an lndependent school district and the co-ordlnator, and We 

can conceive of no sound basis upon which it may be said 

that the duties of the double employments therein considered are incompatible. The county suQerlntendent'S 

duties are oonflned by statute to various matters pertaining to the public free school system In his county. 
Hon. L. A. Woods, page 5 (V-759) 

Article 2700, Sec. 2, V. C. S, The duties of a superintendent of an independent school district are llkevlse 

confined to matters pertaining to the public free school 

system of his school district. Art. 2781, V. C. S. 

Article 2683b speclflcslly places authority In the county boards ff trustees to ms$ntaln, operate and admlnlster these special schools for veterans in their county, 

“a.11 such schools a.nd cla.sses to be conducted under the 

jurisdiction and supervlslon of the respective county 

school boards In their respective counties.” The question of the authority of a county school board to avsrd 

additional pay or se~lary for the performa,nce of a.ddlMona1 duties fixed by law 1s not Involved In the mstters 

here under consideration. 

Thus, if a county superintendent takes on the 

additional responslbllitg, that ,is, 1s employed by the 

county school boa,rd to act es co-ordlna.tor of the county veteran schools, he may receive another saiary to be 

pald from funds deslgnated in Art. 2683b for this addltional work, the performance of which is not required 

of him under the statutes fixing his duties as county 

superintendent. 

We have observed that your second question is 

directed to a superintendent of an independent school 

district, which district Is receiving State salary aid 

under H. B. 295, Acts 1947. You ere concerned with eligibility of the school for State aid by virtue of the 

provision found in QaX%grs,Qh 4 of Sec. 1, Art. I, H. B. 

295, Acts 1947, which reads: 

vIio school district will be eligible for 

any type of aid except tuition aid, under the 

provisions of this Act, which Days eny salary 

above those specified in thls Act from any 

State, Local or Federal funds whatsoever, except Federni funds used to supplement salaries 

OS Vocational AgrlcuLture, Home Economics and 

Trades and Industries teachers, and funds 

from the Federal Lanham Act.” (Emphesls addedj 

The above-quoted provlslon, however, does not 

apply to the situation presented in this opinion, because the payment of State accepted Federal funds for 

the salaries of employees and Instructors In the county 

veteran “speci?.l schools” 1s not made through any school 

dlstrlct but is paid in the manner hereinabove set out. 
Hon. L. A. WOOLS, pe,ge 6 (v-759) 

Accordingly, If a superintendent of an lndependent school district takes on the additional responsibility, that is, Is employed by the county school 

board to act as co-ordinator of the county veteran 

schools, he may receive a salary from funds designated 

in Art. 2783b for this additlonal work, the performance of which Is not required of him in his offlclal 

capacity as a school district superintendent. 

This opinion covers only the legality of the 

dual employments dlsousssd herein. It Is not to be considered as an npprovs.1 of the actions of county school 

boards in the employment of full-time public officials 

as Instructors, co-ordlnators, etc. in the county veteran schools, and In the payment of a salary therefor. 

It is entirely up to the county board of trustees and 

the school district to determine their respective pollties concerning these matters. 

SUMMARY 

A county superintendent employed by a 

county school board as co-ordinetor of county 

veteran schools established under Art. 2683b, 

V.C.S., mey receive a selary from funds designated in said Act for this work, the performance of which Is not required of him in his 

official cepacity as county superintendent. 

A superintendent of an independent 

school district employed by a county school 

board as co-ordinator of county veteran 

sohools-, may receive a salary from funds 

designated in Art. 2683b, V.C.S., for this 

work, the performance of which is not required 

of him In his official capacity as Independent 

school district superintendent. His acceptance of said salary will not render his school 

district inellglble for State aid. 

Yours very truly, 

APPROVED: ATTORNEY GENERAL OF TEXAS 

ATTORNEX GENERAL 

CEC:mv:jcp:bh 

II 

Chester E. Olllson 

Assistant