Honorable Otto Studer, Chairman

IndustrialAccident Board Land Office Building Austin, Texas

Dear Sir: OpinionNo. O-l&l Rf?: Whether a Deputy GemsWarden of the United States holds a Federal position of honor or trust.

We have for acknowledgmentyour letter of October 

### 19,1939, wherein you request the opinion of this departmentupon the questionwhether a State officerwho holds an appointment as a Deputy Game Warden of the United State, without pay, and who received his appointmentprior to the tima thathe took office as a state official,,would come under the payroll affidavitnow requiredby the Comptroller,which reads as follows: I,

. . . and that none of the employeeson this payroll are receiving salary or compensationas 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 prescribedby the State Constitution,

...'
The foundation for the affidavit requiredby the Comptroller is Article 

### 16,Section 

### 33,of our Costitution,which reads as follows:

"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 8s 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. Provided, that this restriction as to the drawing and paying of warrants upon the Treasury shall not apply to officers of theNational Guard of Texas, the National Guard Reserve, the Officers Reserve Corps of the United States, nor tb enlistedmen of theNational Guard, the;NationalGuardReserve, and the organized reserves of the Unites States, nor to retired officers of the United States Army,Navy, and Marine Corps, and retired warrant officers and retired enlistedmen of the United Stetes Army, Navy, and Marine Corps." (Section

### 33, Article 

### 16,adopted electionNovember 8, 1932.)Hon. Otto Studer, Page #2 (O-l&l)

“An analysis of the above quoted Section of the Constitution results in the following: That the accounting officers of this State are prohibited from drawing or paying a warrant upon the Treasury in favor of any person for (a) salary, (b) compensation;as (1) agent, (2) officer, 

### (3)appointee, if such person at the same time holds any other (1) office, (2) position of honor, 

### (3)position of trust, or (4) position of profit, under this State or the United States." (See opinion by Hon. C. M. Cureton,First Assistant Attorney General, end Hon. C. W. Taylor, Assistant Attorney General, Reports end Opinions of the Attorney General, 1912-1914,p. 

### 873,at P. 880.)
Deputy sheriffs are held to be public officers. 

### 34Texas Jurisprudence 

### 601;State vs. Brooks, 42 Tex. 62; Brown vs. Harris, 

### 13Tex. 50‘7,

### 5l2; Feller vs. Alexander, 

### 13Tex. 497, 

### 506; Murray vs. State (Cr.App.), 

### 67 S. W. (2d) 274. By enelogy, itwould seem clear that e Deputy Game Warden of the~UnitedStates is en officer of the United States,within the meaning of Article 

### 16,Section 33, quoted shove.
Whether e Deputy Game Warden of the United States is teachnicallyen. officer,however, it, in our opinion, cannot be disputed that e Deputy Game Warden of the United States holds a position of honor end trust under the United States, thou& no salary or compensationbe attached to the position.

In answer to your question, therefore,youere advised that e State officer who holds en appointment as a Deputy Gam..~.Warden of the United States without pay, at the same time thathe holds his office under this State, iswithin the purview of the payroll affidavit required by the Comptroller.
Youri very truly

ATTGRNFXGHNERALOFTEXAS
s/ R; W. Fairchild



### By R. W. Fairchild

.Assistent
lNXF:pbp/cc:ldw

APPROVED Oct. 

### 25,1939 s/ GERALD c. MANN Al%XUiEYGHNHRALOFTEXAS

APPROVED OPINION COMMITPRR BP B. W. B. CHAIRMAN