# The Attorney General bf Texas August 20, 1980

Honorable BenZ.Grant, Chairman Judiciary Committee House ofRepresentatives P.0. Box 2910 Austin, Texas 78769 Dear Representative Grant: Opinion No. MW-230 Re: Whether a schoolteacher may receive compensation for service asa member ofacity council

You inform us that two school teachers employed and paid by the Angleton Independent School District have been elected to the Argleton City Council. You ask whether it violates article XVI, section 40‘of‘the Texas Constitution for these persons to receive payment for city council service. Thk office addressed a similar question in Attorney General Opinion Ii-6 (19731,which concluded that ajunior college teacher paid by the State could serve asa member ofthe commissioners court only ifhe renounced his salary for service as a commissioner. This conclusion was based on the following language ofarticle XVI,section 40:

State employees opother individuals who receive all ap part of their compensation either directly or indirectly from funds of the State of Texas and who are not State officers, shall not be barred from serve as membq ofthe governing bodies of school districts, cities, towns, or other local governmental districts; provided, however, that su?h State employees or other individuals shall receive nosalary for servirg es members ofsuch governing bodies. Tex. Const., art. XVI,S40. The reason@ ofAttorney General Opinion H-6 is applicable to your question. A teacher k indirectly paid in part by the state, and may serve on a city council only if he receives no salary for the latter service. See ako Letter Advisory No. 29 0973). We note that your question and our response are limited to acity’s payment of salary to acity councilman, and neither the question nor the answer extends to any legitimate reimbursement ofexpenses.

p. 731Honorable Ben2.Grant, Chairman - Page Two (Mw-230)

The district court decision inHairgrove v. Pasadena Independent School District is not inconsistent with our answer to your question. Hairgrove v. Pasadena Independent School District, Cause No. 79-27154, District Court of Harris County, T29th Judicial District ofTexas, Seotember 10,1979. In that case a teacher emoloved by an independent school district was also a.salaried member of the Pasadena City Council. When the sdiool district became aware that he received compensation for serving on the city council, it withheld his salary. The teacher sued for back pay and won. The judgment stated that “Article 16,Section 40 does not empower P.I.S.D. to withhold Plaintiff’s school teacher salary.” Article XVI,section 40 bars the teacher from receiving compensation for hisservice onthe governing body ofacity but it does not affect his compensation for State employment as a teacher. Thus, the court considered a different question from the one you asked, and its decision does not affect our answer to your inquiry. SUMMARY

Article XVI,section 40 of the Texas Constitution permits a school teacher paid from state funds to serve as acity council member only ifhereceives nocompensation for the city council service. Very truly yours, //

MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General Prepared bySusan Garrison Assistant Attorney General APPROVED: OPINION COMMHTEE C. Robert Heath, Chairman Jon Bible Walter Davis Susan Garrison Rick Gilpin Bruce Youngblood

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