Hon. Charles R. Barden 

Executive Secretary 

Texas Air Control Board 

1100 West 49th St. 

Austin, Texas 78756 

Dear Mr. Barden:' 

Opinion No. M-193 

Re: Construction of the 1967 

Amendment to Section 33 

of Article XVI of the 

Constitution of Texas. 

Your request for an opinion on the above subject 

matter asks the following questions: 

"(1) May the accounting officers of this 

State draw or pay a warrant upon the State 

Treasury in favor of an appointed member of 

the Texas Air Control Board for per diem and 

travel and other necessary expenses while in 

the performance of official duty for the Texas 

Air Control Board, if at the same time the 

member is serving on the planning and advisory 

group of the National Center for Air Pollution Control, as explained above, for which 

service he receives from the Federal government a consulting fee and payment of travel 

and other necessary expenses incurred in 

his work with the NCAPC planning and advisory group? 

,I 

. . . 

, "(5) May the accounting officers of 

this State draw or pay a warrant upon the 

State Treasury in favor of an appointed 

member of the Texas Air Control Board for 

per diem and travel and other necessary 

expenses while in the performance of official duty for the Texas Air Control 

Board, if at the same time the member 

is serving on the faculty of a Statesupported university in,a program which 

is devoted in part to the scientific 

and engineering aspects of various environmental health problems, including 

-919- 
Hon. Charles R. Barden, page 2, (M-193) 

air pollution, as explained above, for 

which service he receives from the university a salary, per diem,- or other 

remuneration for his time, and payment 

of travel and other necessary expenses 

incurred in his work for the university? 

91 II . . . 

Prior to the 1967 amendment, Section 33 of Article XVI of the Constitution of Texas provided in part: 

"The Accounting Officers of this State 

shall neither draw nor pay 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 

the United States except as prescribed 

in this Constitution." 

The 1967 amendment to Section 33 of Article XVI 

added the following provision: 

"It is further provided, until September 1, 1969, and thereafter only if 

authorized by the Legislature by general 

law under such restrictions and limita-. 

tions as the Legislature may prescribe, 

that a non-elective State officer or 

employee may hold other non-elective 

offices or positions of honor, trust or 

profit under this State or the United 

States, if the other offices or posi- 

.tions are of benefit to the State of 

Texas or are required by State or federal law, and there is no conflict with 

the original office or .position for which 

he receives salary or compensation. No 

member of the Legislature of this State 

may hold any other office or position of 

profit under this state, 01 the United 

States." 

to be accomplis: 

136'S.W.2d 808 

In construing a constitutional amendment the courts 

will look to the evils intended to be remedied and,the good 

hed. Markowsky v. Newman, 134 Tex. 44D,. 

(1940); Hamiltori v. Davis, 217 S.W; 431' 

-920. 
Iion. Charles R. Barden, page 3, (M-193) 

(Tex.Civ.App. 1920, error ref.). Furthermore, different 

sections, amendments or provisions of the Constitution which 

relate to the same subject matter should be construed together and considered in light of each other. Purcell v. 

Ia:;:, 314 S.W.Zd 283 (1958); Collingsworth County v. 

40 S.W.Zd 13 (1931). In Collingsworth County v. 

Aflred; supra, the court stated in 40 S.N.Zd 15: 

"The Constitution must be read as a 

whole, and all amendments thereto must be 

considered as if every part had been adopted at the same time and as one instrument, 

and effect must be given to each part of 

each clause, explained and qualified by 

every other part. Gilbert v. Kobbe, 70 

N.Y. 361. Different sections, amendments, 

or provisions of a Constitution which relate to the same subject-mattershould 

be construed together and considered in 

the light of each other. Dullam v. Willson, 

53 Mich. 392, 19 N.M. 112, 51 Am.Rep. 128; 

State v. Astoria, 79 Or. 1, 154 P. 399." 

In Markowsky v. Newman, supra, the court stated: 

"Anotherrule of construction is 

generally, 

,,, 

it may be said, that in determining the meaning, intent and purpose 

of a constitutional provision the historI 

of the times out of which it grew and to 

which it may be rationally supposed to 

have direct relationship, the evils intended to be remedied and the good to 

be accomplished, are proper subjects 

of inquiry. Travelers Insurance Company v. Marshall, 76 S.W.Zd 1007." 

Therefore, the amendment to Section 33 of Article XVI should 

be considered in light of not only the prohibition previously contained in Section 33, but also the prohibition contained in Sections 12 and 40 of Article XVI relating to 

the same subject matter. Section 12 of Article XVI of the 

Constitution of Texas provides: 

"NO member of Congress, nor person holding or exercising any office of profit or trust, 

under the United States, ore either of them, or 

under any foreign power, shall be eligible as. 

c 

1, -921- 
. 

’ 

Hon. Charles R. Barden, page 4, (M-193) 

a member of the Legislature, or hold or exercise any office of profit or trust under this 

State." 

Section 40 of Article XVI of the Constitution 

of Texas provides in part: 

"No person shall hold or exercise, at 

the same time, more than one Civil Office of 

emolument, . . . .)I 

Thus, while Sections 12, 

tain dual office holding in Texas, 

33 and 40 prohibit certhe 1967 amendment to 

Section ,33 of Article XVI specifically authorized the holding of more than one office or position of honor, trust 

or profit under.this State or the United States. While 

the amendment has not been construed by the courts of this 

State, we are of the opinion that the rules of construction quoted above should be applied.' Applying the foregoing. it is noted that the amendment specifically authorizes until September 1, 1969, a non-elective state officer 

or employee to hold other non-elective offices or positions 

of honor, trust or profit under.this State or the United 

States if such'other offices or positions are of benefit 

to the State and there is no conflict with the original 

office or position; After September 1, 1969, such nonelective state officer or employee may hold other offices 

or positions only if authorized by the legislature by general law under such restrictions and limitations as the 

legislature may prescribe. 

We find no conflict in the duties of a member 

of the Texas Air Control Board and a member of the planning and advisory group of the National Center for Air Pollution Control as outlined in your letter, nor do we find 

any conflict in the duties of the members of the Texas Air 

Control Board and those duties of the faculty of a statesupported university in a program outlined in your request. 

Therefore, you are advised that the Comptroller of Public 

Accounts may issue warrants upon the State treasury in favor 

of an appointed member of the Texas Air Control Board for 

per diem and travel and other necessary expenses while in 

the performance of official duties for the Texas Air Control Board even though such member is serving on the planning and advisory group.of the National Center for Air Pollution Control, or is serving as: a faculty member in a statesupported university. Furthermore, neither Sections 12, 

33 or 40 prohibit a member of the Texas Air Control Board 

-922- 
. 

Hon. Charles S. Barden, page 5, (M-193) 

from serving either on the planning and advisory group of 

the National Center for Air Pollution Control or as a member of the faculty of a state-supported university. 

I!e have not quoted your remaining questions as 

they were predicated upon a negative answer to questions 

no. 1 and no. 5. 

SUMMARY ------- 

The 1967 amendment to Section 33 of Article XVI of the Constitution of Texas until 

September 1, 1969, specifically permits a 

non-elective state officer or employee to 

hold other non-elective offices or positions 

of honor, trust or profit under this State 

or the United States. Neither Sections 12, 

33 or 40 of Article XVI now prohibits a member of the Texas Air Control Board from serving on a advisory group of the National Center for Air Pollution Control or as a faculty member of a state-supported university. 

V* truly yours, 

A@orney General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

.,OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

John Fainter 

Marietta Payne 

Jack Sparks 

STAFF LEGAL ASSISTANT 

A. J. CARUBBI, JR. 

_ 923 -