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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.
TheFifty-first Legislature madeanappropriation to the State Department OfAgriculture in the General Departmental Appropriation Bill in a line item for salary as fol1ws: Market ~sews8peciallst e 0

. #2,280&C for each year of the current biennium. TheDepartment of Agriculture of Texas andthe Agrieultural Marketing Servfce, United States Department of Agriculture, function cooperatively in this market nws service andhave a coBrmbn employee, a market news specialfst, whoso salary is paid part by the federal government andpart by the State of Texas.

TheAgricultural Department has presented a pay roll claPmrequesting that your department issue awarrant in favor of Mr. Glen L, Ellfson, MarketNewsSpecialist %fn the amount of $190,00 against the above mentioned appropr ation for hfs current July salary.

Therecords reveal that Mr. Glen L. alison is a federal employee, receiving anannual salary from the United States Department of Agriculture as a "Marketfng Special&t in Lirestock" under permanent civil servfce appointment, andhe participates in federal retirement, annual leave, sick leave, etc.,- .

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

virtue of such appointment.

Based uponthe 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 News8peciallst, against the above appropriation0

Section 33 of Article XVIof the Constitution of Texas provides that:

“The Accounting Officers 

### of this State shall neither drawnor payawarrant uponthe treasury in favor of any person, for salary or

The Market NewsSpecialist is not a position included in the exceptions to Section 33 of Article XVI, prescribed bythe Constitution of Texas.

Underthe 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 OSthe Constltutlon 

### ofTexas, andyou have no legal authority to drawsuch warrant.

In your opinion request you refer to Attorney General’s Opinion Ro. O-16864 !l ap roved by former Attorney General Gerald C. MannonRove8 er 0, l9399which holds that the payment of the salary appropriated bythe Legislature for the Market RewsSpecialist 

### is lawful. It appears that this opinion was based upon an assuxptlon of facts that donot nowexist. Opinion Ro. O-1686 iS overruled.

Issuance of salary warrant to aState employee holding a position of profit under theHon. 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 PRICEDANI= Attorney General

Charles D. Mathews First Assistant Assistant CKRrwb