### TL'.R AITOMNEY GENERAL OFTEXAS

.
**CRAWFORD C.**  **MARTIN Ausrrmu.**  **TExAn 78711** 
***-RNISY OL+I6RAs.**  July24,1972

Honorable J. W. Edgar Commissioner of Education Texas EducationAgency 201 East 11th Street Austin, Texas 78701

Dear Dr. Edgar: Opinion No. M-1177 Re: Validity, pursuant to Subsection (d)of Section 21.904,Texas Education Code, of proposed regulation **of** independent schooldistrict forbidding its employees 

### fromholding any other position **of** honor, trust or profit under the State of Texas or any subdivision thereof. 

### Yourrecent letter requesting the opinion of this office concerning the referencedmatter states, in part, as follows:

"Aboard of trustees of an independent school district **of** this State (Goliad)has proposed to adopt a school district policy to read, in substance as follows: "'Anemployeeof the school district shall not hold another office or position **of** honor, trust or profit under the State of Texas or any subdivision thereof. The Board of Trustees expects and requires each employee of the school district to devote his (her)full working time, except as otherwise provided in school policies, to the school district without interference 

### from any other political subdivision of the State of Texas.' "TheBoard of trustees of the school district, ‘7 acting formallyas a board, has moved that I request an opinion **from** the Office of the Attorney General concerning the legality or propriety of such proposedpolicy." Section 40 of Article XVI of the Constitutionof Texas is not relevant to your request, inasmuch as an employeeof a **-5752-**Dr. J. W. Edgar, page 2 (M-1177)

school district does not hold 

### an "officeof emolument"within themeaning of that Section. Attorney General's Opinion No. C-386 (1965).

Nor is Section 33 of Article XVI of the Constitution **of** Texas applicable to your request, inasmuch as we hold that employees **of** an independent school district (Sectionl(c) of Article 695h,Vernon's Civil Statutes;Attorney General's Opin NO. o-74 329, 330 Louisvil employee 467 S.W.

,91 (1946);Muse v. Prescott School District, 349 S.W.2 1-32 (Ark.Sup.1961); contra, Board of Educationv. Cit le, 157 S.W.Zd 337, 345(Ky.Sup. 1941)), as opposed to $of a state-supporteduniversity (Boyettv. Calvert, ,2d205 (Tex.Civ.App.1971, error ref. n.r.e.1; Talbott .cService Commission, 163 s.W.Zd 33, 36-37 (Xy.sup. State "officers"or "employees"within the purview of v. Publi are not .ion :d .y

k2,,, that Section.

Subsection (d)of Section 21.904, Texas Education Code, is the identicalwording as that portion of Article 2922-21a,Vernon's Civil Statutes, its predecessor; it reads as follows:

"No school district,board of education, superintendent, assistant superintendent,principal, or other administrator shalldirectly or indirectly coerce any teacher to refrain from participating in political affairs in his community, state or nation." Therefore, you are advised that the proposed policy set forth in your letter, insofar as it attempts to proscribe school district employees'participation in political activities, is violative of Subsection (d)**of** Section 21.904,Texas Education Code, and of no force **or** effect. SUMMARY A school district policy which prohibits a teacher from participating in political affairs is in contravention of Subsection (d)of Section 21.904, Texas Education Code, and is of no force or effect. /7

-5753-Dr. J. W. Edgar, page 3 (M-1177)

Prepared by Austin C. Bray, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Malcolm Quick Sig Aronson James Hackney Wardlow Lane SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER ExecutiveAssistant 

### NOLAWHITE First Assistant

-5754-