Cumulative Subject Index
AG Opinions 1990-Present

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DUAL OFFICE HOLDING
Appointment as member of City of Lubbock Civil Service Commission, executive director of Housing Authority of City of Lubbock is not an "officer" and there is no obstacle toLO98-034
City Administrator of City of League City, Assistant Chief of Police on paid leave of absence is barred from serving as GA-0536
County Clerk, county clerk may serve simultaneously as a director of the Sabine River Authority pursuant to Government Code section 574.005GA-0250
County commissioners and other elected county officials, a legislator may employ without their having to renounce the salaries attached to their positionsLO98-039
Courtroom bailiff and constable, one individual may be compensated for simultaneously serving in both positionsLO97-060
Director of Sabine River Authority, a director of the Authority holds a civil office of emolument regardless of whether that director accepts the compensation attached to the officeGA-0250
General manager, director of Duval County Conservation and Reclamation District may serve as District'sDM-0012
Interim positions are not public offices, and holder is eligible for appointment to civil service commissionLO97-070
Member of board of river authority who is also "vice-president" of "Republic of Texas" does not hold dual offices, since Republic of Texas does not exist, and group so-called has neither sovereignty nor political authorityLO96-066
Peace officer may not simultaneously serve as juvenile probation officerJC-0041
Pleasure Island Commission, members of are officers of the City of Port Arthur and may not be appointed to Board of Park Commissioners of Jefferson CountyLO98-048
Postmaster does not hold public office and is eligible for appointment to civil service commissionLO97-070
Quo warranto proceeding is sole method for determining officer's eligibilityLO97-070
Salary for local service, legislative employees who are also members of governing boards of most local governmental districts may not receiveLO98-039
Selective Service Local Board members, city council members serving asGA-0057
Simultaneous service as county emergency medical services employee, justice of the peace is not barred by dual office holding provisions from GA-0569
Simultaneous service as director of county emergency medical services, sheriff's dispatcher is not barred fromGA-0569
Tax appraisal review board member holds a public office and is ineligible for appointment to civil service commissionLO97-070
Teacher at public junior college and state university, no bar to simultaneous employment asLO94-080
Texas Constitution article 16, section 40(b), a state employee is not prohibited from assuming elected county office underGA-1026
Texas statutes, a state employee is not prohibited from becoming a candidate for elective office underGA-1026
The federal Hatch Act - a state employee is prohibited from becoming a candidate for elective office if the salary of the employee is paid completely by federal funds underGA-1026
Vacancy, authority of county judge to replace county commissioner who has resigned by accepting a second, incompatible office is not contingent upon a judicial declaration that a vacancy existsGA-0015
Constitutional Provisions
Alternate election judge who is appointed to a single election does not hold an officeLO96-081
Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"DM-0428
Appraisal district board member does not hold office of emolument and thus may also serve as county tax assessor-collectorJM-1157
Appraisal review board member may serve as alternate municipal election judge if appointment limited to single electionLO96-081
Assistant county attorney is not an officerGA-0350
Assistant district attorney is not an "officer," county attorney is not barred by article XVI, section 40 from simultaneously serving as assistant district attorneyLO96-148
Assistant fire chief of City of Houston Fire Department is not subject to constitutional prohibition against dual office holdingDM-0156
Bailiff does not hold an "office of emolument"LO92-073
City council member may simultaneously serve as county sanitation and safety officer, as employee of a conservation and reclamation district, or as employee of a hospital districtJM-1266
City council member who is employed by a school district as a coach may be a schoolteacher for purposes of article XVI, section 40(b)(1) of the Constitution if participating students receive credit for participationGA-0530
City finance director not prohibited from serving as temporary municipal judge in same city by article XVI, section 40GA-0199
Compensation, a state employee may not receive compensation for serving as member of city councilLO90-106
Compensation, because member of Edwards Aquifer Authority Board of Directors receives none, member does not violate constitutional dual office holding prohibitionLO93-070
Constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of groundwater conservation district GA-0540
Constable not prohibited from simultaneously serving as deputy sheriffGA-0402
County appraisal district, office of director of is not office of emolument for purposes of constitutional dual office holding provisionsDM-0047
County attorney employment as attorney to city located within county not precluded by constitutional bar on dual office holdingJC-0054
County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the constitutional prohibition of dual office holdingGA-0350
County attorney not barred by constitution from serving as paid part-time professor at state university in adjoining countyLO90-039
County attorney, article XVI, section 11 of Texas Constitution does not barr service as volunteer ombudsman for the National Committee for Employer Support of the Guard and Reserve GA-0460
County auditor not barred by Texas Constitution article XVI, section 40 from being employed by emergency services districtGA-0360
County auditor, constitution does not prohibit serving as executive director of private, nonprofit housing corporationDM-0303
County commissioners not prohibited from serving as reserve deputy sheriffsLO97-081
County commissioners' exception from dual office holding prohibition not affirmative authorization to hold second office without regard to common-law incompatibilityLO96-004
County records management officer for records of nonelective officers does not hold civil office of emolument and is not barred from serving as county judge at the same timeLO90-062
Deep East Texas Regional Planning Commission, employee of not barred from simultaneously serving as commissioner of the Port of Beaumont Navigation DistrictLO98-100
District attorney may simultaneously hold compensated teaching position with public community collegeGA-0273
Dual employment prohibited by Local Government Code section 81.002(a) need not be considered under article XVI, section 40GA-0645
Emergency Medical Services, administrator does not hold "civil office of emolument" for purposes of dual office holding provisionLO94-046
Employee of municipal management district holds "position of profit" within Texas Constitution article XVI, section 40(d)GA-0386
Finance Commission part-time executive director, Commissioner of Banking Department, Savings and Loan Department, or Consumer Credit Commission not barred from serving as by Texas Constitution, article XVI, section 40LO92-070
Firefighter who is an employee and not an officer of a municipality may simultaneously serve as a member of a different municipality’s city council, article XVI, section 40 does not preclude. nor the common-law incompatibility doctrine preclude a firefighter who is an employee and not an officer of a municipality from simultaneously serving as member of a different municipality’s city councilGA-0826
Former district judge sitting by assignment holds "office" and thus is barred by article XVI, section 40 from simultaneously serving as municipal judgeLO96-145
Former district judge sitting by assignment is not barred from holding compensated teaching position with state universityLO98-109
Groundwater conservation district, compensated member of local non-county governing body may not serve as director ofJC-0455
Guadalupe-Blanco River Authority member may serve on South Central Texas Water Advisory Committee because advisory committee member is not compensated for serviceLO94-021
Gulf Coast Waste Disposal Authority is not a soil and water conservation district for purposes of article XVI, section 40, Texas ConstitutionJC-0095
Independent contractor for school district, legislator not as matter of law prohibited from serving asLO93-031
Independent contractor with private corporation that receives state funds does not thereby receive compensation from State of Texas and may receive salary for service as mayorJM-1165
Independent contractor working for political subdivision does not hold "position of profit" within Texas Constitution article XVI, section 40(d)GA-0386
Individual may simultaneously serve as a principal of a disciplinary alternative program campus that serves several school districts and as a member of the board of trustees of one of the served school districtsGA-0738
Junior college trustee does not receive emoluments of office; therefore not barred from other service by constitutional provisionsLO92-005
Justice of the peace exception, a home-rule city charter dual office holding provision that prohibits a municipal judge from serving as justice of the peace is not inconsistent with article XVI, section 40GA-0362
Justices of the peace not subject to dual office holding prohibitionsLO96-078
Law librarian is not county officerLO90-010
Legislator barred from simultaneously serving as assistant county attorneyJC-0430
Legislator prohibited from holding unpaid state office by article XVI, section 40(d)JC-0464
Legislator's service as independent contractor for county, whether it is a "position of profit under this State"LO95-022
Mayor or city council member barred from serving as director of navigation district unless allowance is for actual expenses onlyJM-1266
Municipal employee of City of Midlothian not barred by article XVI, section 40 of the Texas Constitution from serving as director of Mountain Peak Special Utility DistrictGA-0195
Municipal fire fighter, state legislator may not also serve as (Withdrawn by Tex. Att'y Gen. LO-90-055A)LO90-055
Municipal judge holds "public office" for purposes of article XVI, section 40DM-0428
Municipal judge of City of Houston and director of the Gulf Coast Waste Disposal Authority, one person may not serve in both officesLO98-124
Municipal police officer not as a matter of law prohibited from serving as municipal judge in a different cityLO93-059
Municipal police officer, service on city council of another cityLO95-048
Municipal utility district board, part-time community college instructor may be compensated for service as member ofGA-0428
Municipal utility district director, individual employed by company receiving all its revenue from state contract may be compensated asJC-0391
Neither volunteer fire fighter nor member of board of fire fighting association is not an officeGA-0084
Peace officer not as a matter of law prohibited from serving as elected commissioner of another city in same county (Affirmed by Tex. Att'y Gen. LO-95-048)LO93-027
Police chief of one city may not simultaneously serve as police officer of another cityLO92-036
Police officer, sheriff's deputy and school security officer not necessarily civil officers of emolument (Affirmed by Tex. Att'y Gen. LO-93-059)DM-0212
Private attorney who files cases with district clerk does not hold a civil office of emolument and is not barred by article XVI, section 40 from serving as deputy district clerkGA-0488
Public school teacher is not an officer for purposes of constitutional dual office holding provisionLO94-077
Public school teacher may simultaneously hold office of county commissioner without renouncing salary attached theretoJC-0074
Qualification for and acceptance of second office in violation of constitution results in relinquishment of first officeLO90-023
Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses GA-0530
Reserve deputy sheriff, district clerk may serve as without violating dual office holding provision of Texas Constitution or common-law doctrine of incompatibilityLO98-035
Retired teacher may be compensated for service on city councilLO93-041
School district chief of police is not a “schoolteacher” for purposes of proviso of article XVI, section 40(b) of the Texas Constitution, and thus may not be compensated for service on a city councilGA-0874
School district trustee, constitutional prohibition of dual office holding does not preclude from also serving on the board of the county education district of which his school district is a component, from teaching in a different school district, or fromDM-0055
School district trustee, district attorney's investigator who receives compensation from state may serve asLO94-045
School district trustee, whether a "civil office of emolument"LO95-029
School trustee not barred from simultaneously holding office of county clerkGA-0468
Sheriff, service as member of volunteer fire department is permissibleLO93-054
Soil and water conservation district, exception from article XVI, section 40 of Texas Constitution for officers of applies to officers of districts created under chapter 201 of the Agriculture CodeLO90-018
State conservation district director and employee of conservation and reclamation district, prohibition inapplicable toDM-0267
State employee may serve on board of directors of municipal utility district only if she declines compensation, but may accept reimbursement for actual expensesLO93-033
State employee who serves on board of directors of a municipal utility district may not receive compensation in form of a per diem under article XVI, section 40LO94-072
State employee's eligibility to serve on river authority board of directorsLO95-001
State employees' service on local governing boards, article XVI, section 40 permits but does not guarantee dual employmentLO96-109
Substitute teacher may receive compensation for serving as member of city councilGA-0394
Supreme Court of Texas justice may not serve on board of directors of State Justice Institute because board member holds an office of trust under the United States for purposes of article XVI, section 12DM-0049
Teaching position at state university not civil office of emolumentLO93-096
Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as a county constable and a commissioner of an emergency services districtGA-1036
Texas Constitution, article XVI, section 40, prohibits a compensated, part-time, municipal judge from simultaneously serving as a commissioner of a drainage districtGA-0841
Trustee of junior college not barred from simultaneously serving as municipal judgeJC-0216
University professor may serve on governing board of local governmental district, but may not receive salaryJC-0577
Visiting statutory county court judge and county director of Judicial Support Services, individual not barred from simultaneously holding both positions ofGA-0840
Water supply corporation established under Water Code chapter 67, the directors of do not hold public office and are not, therefore, precluded by article XVI, section 40 of the Texas Constitution from simultaneously holding a public officeGA-0597
Incompatibility of Offices
All actions of a city manager in a general-law municipality are subject to control by the city council. As a result, the city manager will not be considered to hold an office, and conflicting-loyalties incompatibility will not apply to prevent the city manager from holding another public officeGA-0766
Appoint one of its members, under common law governing body with appointing power may notLO94-020
Appointing power, a public board of directors may not appoint member of the board to office or position while person is still member of boardLO92-008
Appraisal district review board member may not serve as regent of junior college district if review board has jurisdiction to determine disputes within junior college districtLO92-074
Appraisal review board member not barred from serving as alternate municipal election judge for a single electionLO96-081
Assistant county attorney is not an officerGA-0350
Assistant fire chief of City of Houston Fire Department is not subject to common-law incompatibility analysisDM-0156
Automatic resignation, qualification for and acceptance of a second office operates as anLO98-044
Chief appraiser may not simultaneously serve as chair of appraisal district's board of directorsLO90-045
Chief of police of Type A general-law municipality, who serves at pleasure of board of aldermen, is not prohibited from simultaneously serving as member of board of trustees of school district whose geographical boundaries overlap with those of cityGA-0393
City commissioner, municipal fire department employee may not serve simultaneously asLO97-034
City council member may simultaneously serve as county sanitation and safety officer, as employee of a conservation and reclamation district, or as employee of a hospital districtJM-1266
City council member, whether membership in volunteer fire department violates doctrine of incompatibility or implicates disclosure rule of chapter 171, Local Government CodeLO94-070
City council, member of council may not appoint himself to board of directors of crime control and prevention districtJC-0474
City finance director not prohibited from serving as temporary municipal judge in same city by common-law incompatibility rulesGA-0199
College district trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authorityGA-0032
Conflict of interest distinguished from incompatibility of officesLO95-052
Conflicting loyalties, inapplicable where one position is an office and the other a mere employmentJM-1266
Conflicting loyalties, teaching position at state university and office of district attorney do not presentLO93-096
Constable may serve simultaneously as bailiff for district courtLO92-073
Constable not barred from serving as municipal fire fighterJC-0270
Constable not prohibited from simultaneously serving as deputy sheriffGA-0402
Contractual relationship between city and water district creates incompatibility between office of city councilman and office of water district board memberLO90-018
County attorney employment as attorney to city located within county not precluded by common-law doctrine of incompatibilityJC-0054
County attorney is not barred from simultaneously serving as assistant district attorneyLO96-148
County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the common-law doctrine of incompatibilityGA-0350
County attorney not barred by common-law incompatibility from serving as volunteer ombudsman for the National Committee for Employer Support of the Guard and ReserveGA-0460
County attorney not barred by incompatibility from serving as paid part-time professor at state university in adjoining countyLO90-039
County auditor not barred by common-law doctrine of incompatibility from being employed by emergency services districtGA-0360
County auditor, doctrine of incompatibility does not preclude serving as executive director of private, nonprofit housing corporationDM-0303
County commissioner and council member of a city located in the county, offices incompatible as a matter of law, officer would automatically vacate office by accepting and qualifying for the second officeGA-0015
County commissioner and public school district trustee are incompatible officesDM-0311
County commissioners not prohibited from serving as reserve deputy sheriffsLO97-081
County commissioners' exception from dual office holding prohibition not affirmative authorization to hold second office without regard to common-law incompatibilityLO96-004
County elections administrator does not hold public officeGA-0939
County judge and member of Board of Criminal Justice are incompatible officesLO95-052
County purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of officesGA-0132
County records management officer for records of nonelective officers does not hold public office and is not barred from serving as county judge at the same timeLO90-062
County water authority, service as director of is incompatible with service as member of town council where water authority uses easements within town and is affected by town council's ordinancesLO92-068
Deep East Texas Regional Planning Commission, employee of not barred from simultaneously serving as commissioner of the Port of Beaumont Navigation DistrictLO98-100
Deputy district clerk is not barred by from employment with private attorney who files cases with district clerkGA-0488
Directors of the Agua Special Utility District serving as a trustee of South Texas CollegeGA-0786
District attorney may simultaneously hold compensated teaching position with public community collegeGA-0273
Dual employment prohibited by Local Government Code section 81.002(a) need not be considered under common-law doctrine of incompatibilityGA-0645
Dual service as city council member and volunteer fire fighter not permissible unless city council adopts resolution specifically authorizing itJC-0564
Emergency Medical Services administrator and county judge or commissioner hold incompatible offices because commissioners court appoints administratorLO94-046
Exception in statute to common-law rule of incompatibility allows county tax assessor-collector to serve as appraisal district board memberJM-1157
Finance Commission part-time executive director, Commissioner of Banking Department, Savings and Loan Department, or Consumer Credit Commission not barred from serving as by Texas Constitution, article XVI, section 40LO92-070
Firefighter who is an employee and not an officer of a municipality may simultaneously serve as a member of a different municipality’s city council, common-law incompatibility doctrine does not precludeGA-0826
Former district judge sitting by assignment is not barred from holding compensated teaching position with state universityLO98-109
Former regent appointed chancellor of college, common-law doctrine of incompatibility restricts timing of appointmentLO97-047
General-law municipality, such as the City of Cockrell Hill, may not adopt resolution declaring that city council member may not simultaneously serve as volunteer fire fighterJC-0564
Governing board of metropolitan transit authority, member of not barred from simultaneously serving as acting city manager for city within authority’s jurisdiction GA-0538
Groundwater conservation district, county commissioner may not serve as director of, where geographical boundaries overlapJC-0455
Guadalupe-Blanco River Authority member may serve on South Central Texas Water Advisory Committee because river authority does not appoint member and because offices are not incompatibleLO94-021
Guadalupe-Blanco River Authority, service on the board of would not be incompatible with service on board of county appraisal district that appraises property within boundaries of river authorityDM-0047
Home rule city lacks authority to exempt city council's appointments to governing body of another political subdivision from common-law doctrine of incompatibilityJC-0225
Home-rule city may adopt a charter dual office holding provision that is stricter than the common-law doctrine of incompatibilityGA-0362
Individual may simultaneously serve as a principal of a disciplinary alternative program campus that serves several school districts and as a member of the board of trustees of one of the served school districtsGA-0738
Junior college district, service as trustee of is incompatible with service on governing body of city within boundaries of districtLO92-005
Justice of peace may not serve as deputy constable in same precinct, but may do so in different precinctLO92-035
Justice of peace may serve as deputy sheriff in different countyLO92-035
Justice of the peace may not also serve as deputy sheriff or be employed as city police officerLO90-009
Juvenile law master is an employee rather than an officer, justice of the peace not barred from serving as but must comply with Code of Judicial ConductLO96-078
Law librarian and district clerk are not incompatible county positionsLO90-010
Legislature may overcome common-law doctrine of incompatibility if it does so expresslyLO94-020
Mayor may not simultaneously hold office of director of hospital district that has condemned property within cityJC-0363
Mayor or city council member barred from serving as director of navigation district unless allowance is for actual expenses onlyJM-1266
Member of board of managers of county hospital, county attorney is prohibited from simultaneously serving asLO97-100
Member of Board of Physical Therapy Examiners holds an "office of emolument" and may not simultaneously serve as county clerkLO98-055
Members of board of a health maintenance organization ("HMO") established by hospital district are not public officersJC-0407
Municipal charter may overcome common-law doctrine of incompatibility with respect to municipal officesLO94-020
Municipal employee of City of Midlothian not barred by common-law incompatibility from serving as director of Mountain Peak Special Utility DistrictGA-0195
Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving asGA-0348
Municipal police officer not as a matter of law prohibited from serving as municipal judge in a different cityLO93-059
Municipal police officer, service on city council of another cityLO95-048
Municipal utility director barred from serving as member of city planning and zoning commission by common-law doctrine of incompatibilityJC-0339
Of benefit to the State of Texas, member of board of directors of river authority may not simultaneously serve as municipal judge unless court finds that holding of second office isLO97-027
Peace officer not as a matter of law prohibited from serving as elected commissioner of another city in same county (Affirmed by Tex. Att'y Gen. LO-95-048)LO93-027
Position of general manager of a water district is not incompatible with the position of city managerGA-0849
Practical difficulties of holding two positions, not addressed by common-law doctrineGA-0214
Public school teacher is not prohibited from serving as elected constable under common-law doctrine of incompatibilityLO94-077
Qualification for and acceptance of second incompatible office results in relinquishment of first officeLO90-023
Reserve deputy sheriff, district clerk may serve as without violating dual office holding provision of Texas Constitution or common-law doctrine of incompatibilityLO98-035
Responsibility to two employers does not violate common-law doctrineGA-0214
Salary attached to position of municipal judge, county attorney's refusal to accept does not remove position from category of "office of emolument"LO98-044
School district chief of police and city council member, simultaneous services asGA-0688
School district trustee and county attorney, whether positions are incompatibleLO95-029
School district trustee, doctrine of incompatibility of offices does not preclude from also serving on the board of the county education district of which his school district is a component, from teaching in a different school district, or from working paDM-0055
School district, director of improvement district with boundaries overlapping, may not serve as trustee ofGA-0307
School trustee barred from simultaneously serving as board member of groundwater conservation district with population of less than 50,000 where geographical boundaries overlap and where both have taxing authorityJC-0557
School trustee may not serve as city council member where school district and city share overlapping geographical jurisdictionLO93-022
School trustee may not simultaneously serve as mayor of type A general-law municipality wholly located within boundaries of school districtGA-0808
School trustee not barred from simultaneously holding office of county clerkGA-0468
School trustee, county tax assessor-collector may not simultaneously serve asLO92-004
School trustee, office of, not incompatible with serving as umpire at district baseball gamesGA-0127
School trustee, whether county commissioner may serve as (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. DM-311 (1994))LO92-010
Self-appointment aspect of the common-law doctrine of incompatibility voids the appointment of a sitting school board trustee by a vote of the school board to fill a vacancy on the board created by the resignation of another trusteeGA-0377
Self-appointment, governing body of an entity authorized to appoint member to Edwards Aquifer Authority Board of Directors may not appoint one of its own membersLO93-070
Self-appointment, member of Edwards Aquifer Authority Board of Directors may not also be employed by the AuthorityLO93-070
Sheriff may not simultaneously serve as school trustee in his countyGA-0328
Sheriff, service as member of volunteer fire department is permissibleLO93-054
Statute limiting membership on board of flood control district to officers of certain political subdivisions in district abrogates doctrine of common-law incompatibilityLO96-064
Tax increment reinvestment zone, council member of creating city not barred from simultaneous service on board ofGA-0169
Trustee of county-wide junior college district prohibited by common-law incompatibility doctrine from serving on governing board of city lying within boundaries of districtLO90-052
Trustee of independent school district may not simultaneously serve as volunteer, part-time teacher in a regular academic classroom for a single semesterJC-0371
Trustee of independent school district not barred by common-law incompatibility from simultaneously serving as county treasurerJC-0490
Trustee of independent school district, district judge may not simultaneously serve as trustee if school district located within jurisdiction of judge's courtLO98-094
Trustee of junior college not barred from simultaneously serving as municipal judgeJC-0216
Validation act, three-year old contract may not be invalidated because one person served as member of both signing entitiesGA-0084
Visiting statutory county court judge and county director of Judicial Support Services, individual not barred from simultaneously holding both positions ofGA-0840
Voluntary resignation from city council position, City of Cockrell Hill not authorized to adopt resolution declaring that dual service as council member and volunteer fire fighter acts as aJC-0564
Volunteer coaching services for players on university football team, regent of Texas Southern University not barred from performing unpaidLO98-036
Volunteer fire fighter, county commissioner may serve asJC-0385
Volunteer fire fighter, member of city council barred from simultaneously serving asJC-0199
Water control and improvement district, director of, prohibited from serving as district employee in any capacity other than that of general managerGA-0077
Water supply corporation established under Water Code chapter 67, the directors of do not hold public office and are not, therefore, precluded by article XVI, section 40 of the Texas Constitution from simultaneously holding a public officeGA-0597
Revised: June 08, 2012