. - 

PRICE DANIEL 

ATTORNEY GENERAL 

September 7, 1950 

Hon. Robert S. Calvert 

Corptrol1.r of Public Accounts 

Austin, Texas 

Opini.on NO. V-1103. 

Re: Legality of paying the State 

salary of the Market News 

Dear Mr. Calvert: 

Specialist of the Department 

of Agriculture under the submitted facts regarding his recoipt sf fedora1 compensation 

for this work. 

The Fifty-first Legislature made an appropriation 

to the State Department Of Agriculture in the General Departmental Appropriation Bill in a line item for salary as fol1ws: 

Market ~sews 8peciallst e 0 . #2,280&C for 

each year of the current biennium. 

The Department of Agriculture of Texas and the Agrieultural Marketing Servfce, United States Department of 

Agriculture, function cooperatively in this market nws service and have a coBrmbn employee, a market news specialfst, 

whoso salary is paid part by the federal government and part 

by the State of Texas. 

The Agricultural Department has presented a pay roll 

claPm requesting that your department issue a warrant in favor 

of Mr. Glen L, Ellfson, Market News Specialist 

% 

fn the amount 

of $190,00 against the above mentioned appropr ation for hfs 

current July salary. 

The records reveal that Mr. Glen L. alison is a federal employee, receiving an annual salary from the United States 

Department of Agriculture as a "Marketfng Special&t in Lirestock" under permanent civil servfce appointment, and he participates in federal retirement, annual leave, sick leave, etc., 
- . 

Hon. Robert S. Calvert - Page 2 (V-1103) 

virtue of such appointment. 

Based upon the stated facts, you request the opinion of this office as to whether or not you have the legal 

.aathority to issue a salary warrant to Mr. Glen L, Ellison, 

Market News 8peciallst, against the above appropriation0 

Section 33 of Article XVI of the Constitution of 

Texas provides that: 

“The Accounting Officers of this State 

shall neither draw nor pay a warrant upon the 

treasury in favor of any person, for salary or 

The Market News Specialist is not a position included in the 

exceptions to Section 33 of Article XVI, prescribed by the 

Constitution of Texas. 

Under the foregoing facts It is clear that Mr. Rllison is holding a position of profit under the United States. 

Therefore, you are advised that the payment of a salary warrant in favor of Mr. Blllson would be violative of Section 33 

of Article XVI OS the Constltutlon of Texas, and you have no 

legal authority to draw such warrant. 

In your opinion request you refer to Attorney General’s Opinion Ro. O-1686 

4 !l 

ap roved by former Attorney General 

Gerald C. Mann on Rove8 er 0, l9399 which holds that the payment of the salary appropriated by the Legislature for the Market Rews Specialist is lawful. It appears that this opinion 

was based upon an assuxptlon of facts that do not now exist. 

Opinion Ro. O-1686 iS overruled. 

Issuance of salary warrant to a State employee holding a position of profit under the 
Hon. Robert S. Calvert - Page 3 (V-1103) 

United States Government is prohibited by Seetion 33, Article XVI, Constitution of Texas. 

Attorney General's Opinion O-1686 overruled0 

Very truly yours, 

APPROVED: 

Everett Hutchinson 

Executive Assistant 

PRICE DANI= 

Attorney General 

Charles D. Mathews 

First Assistant 

Assistant 

CKRrwb