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Dual Office Holding

Summaries

KP-0014
Ken Paxton

A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.|City council member for a city located within the school district's boundaries - A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.

KP-0023
Ken Paxton

A person may not serve as a member of the board of trustees of the La Vernia Independent School District while simultaneously serving as a member of the board of the Wilson County Memorial Hospital District.

KP-0032
Ken Paxton

Simultaneously service - an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located.|Constables - an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located.

KP-0054
Ken Paxton

Common-law doctrine of incompatibility does not prohibit an individual's simultaneous\r\nservice as the Red Rock County Sheriff and as a board trustee of the Clarksville Independent School District.

KP-0114
Ken Paxton

Member of a board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo's planning and zoning commission. A court would likely find that a|Board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo's planning and zoning commission. A court would likely find that a member of a

KP-0119
Ken Paxton

College trustee and county commissioner, simultaneous service as|Incompatibility of simultaneous service as college trustee and county commissioner

KP-0122
Ken Paxton

Municipal police chief and constable, neither Texas Constitution article XVI, section 40 nor the common-law doctrine of incompatibility bars the simultaneous holding of the positions of municipal police chief and constable in the same precinct where the city is located|Neither Texas Constitution article XVI, section 40 nor the common-law doctrine of incompatibility bars a municipal police chief from simultaneously holding the position of constable in the same precinct where the city is located|Municipal police chief and constable, neither Constable and municipal police chief; neither Texas Constitution article XVI, section 40 nor the common-law doctrine of incompatibility bars the simultaneous holding of the positions of municipal police chief and constable in the same precinct where the city is located|

KP-0125
Ken Paxton

An individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and the library district have taxation authority in overlapping territories|Forest Hill library district trustee may not simultaneously serve as Forest Hill city council member when the city and the library district have taxation authority in overlapping territories|Individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and library district have overlapping taxation authority|Because the City of Forest Hill and the Forest Hill Library District have overlapping taxation authority, an individual may not simultaneously serve as city council member and library district trustee|Forest Hill Library District and City of Forest Hill have overlapping taxation authority; thus, an individual may not simultaneously serve as city council member and library district trustee|In qualifying for the second office of library district trustee, the individual effectively resigned from the office of city council

KP-0189
Ken Paxton

Weight enforcement officer, Constable, Sheriff's Deputies|Constable, Sheriff's Deputies, Weight enforcement officer|Weight Enforcement officer|Dual commission, constable and sheriff

KP-0227
Ken Paxton

Legislator barred by article XVI, section 40(d) from also serving as employee of municipal management district|Legislator barred by Texas Constitution article XVI, section 40(d) from also serving as employee of municipal management district|Independent contractor working for political subdivision is not "position of profit" within article XVI, section 40(d)|Independent contractor working for political subdivision does not hold "position of profit" within Texas Constitution article XVI, section 40(d)|Legislator barred from also serving as employee of municipal management district|Article XVI, section 40(d) prohibits Legislator from also serving as employee of municipal management district

KP-0228
Ken Paxton

Overlapping boundaries of taxing entities in Jim Hogg County - person may not simultaneously serve on both entities|Jim Hogg County Judge may not simultaneously serve as Jim Hogg County Independent School District trustee|Person may not serve as Jim Hogg County Judge while simultaneously serving as Jim Hogg County Independent School District trustee|Jim Hogg County Independent School District trustee may not simultaneously serve as Jim Hogg County Judge

GA-0015
Greg Abbott

Incompatible offices, offices of county commissioner and council member of a city located in the county are incompatible as a matter of law; officer would automatically vacate office by accepting and qualifying for the second office|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 exists|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 office|Vacancy in office of county commissioner, 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 exists

GA-0032
Greg Abbott

Trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authority|College district trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authority

GA-0057
Greg Abbott

Selective Service Local Board members, city council members serving as|Selective Service Local Board exercises governmental powers only when federal law provides for conscription|City councilman holds office of trust under the state

GA-0077
Greg Abbott

Water control and improvement district, director of, prohibited from serving as district employee in any capacity other than that of general manager|Common-law incompatibility prohibits director of water control and improvement district from serving as district employee in any capacity other than that of general manager

GA-0084
Greg Abbott

Tax imposed by municipality included in water user's bill dedicated to maintenance of fire fighting equipment, general-law municipality has no statutory authority to levy|Conveyances of personal and real property from general-law municipality to volunteer fire fighting associations, validity not affected by fact that city council member simultaneously served on fire fighting association board nor by council member's possib|Neither volunteer fire fighter nor member of board of fire fighting association is not an office|Validation act, three-year old contract may not be invalidated because one person served as member of both signing entities|Validation act does not affect city council member's possible criminal liability for violating statutory conflict-of-interest requirements, but does validate council agreements although council member may have violated criminal liability

GA-0127
Greg Abbott

School trustee, office of, not incompatible with serving as umpire at district baseball games|School trustee must, under certain circumstances, disclose interest in contract with school district regarding his serving as umpire at district baseball games|Umpire at district baseball games, trustee not barred by incompatibility from serving as, but may, under certain circumstances, have to disclose interest in contract with district

GA-0132
Greg Abbott

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 offices|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 offices|Officer, 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 offices

GA-0169
Greg Abbott

Tax increment reinvestment zone, council member of creating city not barred from simultaneous service on board of|Council member of creating city not barred from simultaneous service on board of tax increment reinvestment zone|Officials

GA-0195
Greg Abbott

Director of Mountain Peak Special Utility District need not disclose his interest in or abstain from voting on matters involving City of Midlothian, of which he serves as an employee|Municipal employee of City of Midlothian not barred by common-law incompatibility from serving as director of Mountain Peak Special Utility District|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 District|Neither article XVI, section 40, Texas Constitution nor doctrine of common-law incompatibility bars municipal employee from serving as director of Mountain Peak Special Utility District

GA-0199
Greg Abbott

Municipal judges, authority to investigate possible misconduct of|City finance director, whether service as temporary municipal judge in same city violates Code of Judicial Conduct|City finance director not prohibited from serving as temporary municipal judge in same city by article XVI, section 40|City finance director not prohibited from serving as temporary municipal judge in same city by common-law incompatibility rules

GA-0214
Greg Abbott

Responsibility to two employers does not violate common-law doctrine|Practical difficulties of holding two positions, not addressed by common-law doctrine|Commissions from more than one law enforcement agency, whether a licensed peace officer may simultaneously hold|Commissioned Peace Officer

GA-0250
Greg Abbott

Sabine River Authority Director, a director of the Authority holds a civil office of emolument regardless of whether that director accepts the compensation attached to the office|County Clerk, county clerk may serve simultaneously as a director of the Sabine River Authority pursuant to Government Code section 574.005|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 office

GA-0273
Greg Abbott

District attorney may simultaneously hold compensated teaching position with public community college|Public community college, district attorney may simultaneously hold compensated teaching position with

GA-0307
Greg Abbott

Improvement district, school trustee may not serve as director of, when geographical boundaries overlap|School district, director of improvement district with boundaries overlapping, may not serve as trustee of

GA-0328
Greg Abbott

Sheriff may not simultaneously serve as school trustee in his county|School trustee in his county, sheriff may not simultaneously serve as

GA-0348
Greg Abbott

Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving as|State Commission on Judicial Conduct, whether Canons of Judicial Conduct prohibit municipal judge from concurrent service as county commissioner is question for|Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial Conduct

GA-0350
Greg Abbott

Assistant county attorney, commissioners court's role in appointment process|Appointment of assistants, role of county commissioners court|Dual office holding or incompatibility, a county attorney may serve as an unpaid assistant county attorney in a neighboring county without violating prohibition against|Assistant county attorney is not an officer|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the constitutional prohibition of dual office holding|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the common-law doctrine of incompatibility

GA-0360
Greg Abbott

Emergency services district (ESD) is not a business entity within Local Government Code chapter 171|County auditor's statutorily required oath that he will not be personally interested in a contract with the county was not violated by auditor's employment by Emergency Services District that had interlocal contract with the county|County auditor not barred by common-law doctrine of incompatibility from being employed by emergency services district|County auditor not barred by Texas Constitution article XVI, section 40 from being employed by emergency services district

GA-0362
Greg Abbott

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 40|Home-rule city may adopt a charter dual office holding provision that is stricter than the common-law doctrine of incompatibility|Dual office holding provision in city charter that prohibits a municipal judge from serving as justice of the peace is not inconsistent with article XVI, section 40|Incompatibility of offices, home-rule city may adopt a charter dual office holding provision that is stricter than the common-law doctrine of incompatibility

GA-0377
Greg Abbott

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 trustee

GA-0386
Greg Abbott

Employee of municipal management district holds "position of profit" within Texas Constitution article XVI, section 40(d)|Independent contractor working for political subdivision does not hold "position of profit" within Texas Constitution article XVI, section 40(d)|Texas Constitution article XVI, section 40(d) bars legislator from also being employed by municipal management district, but not from working as independent contractor for district|Position of Profit

GA-0393
Greg Abbott

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 city|School trustee, chief of police of Type A municipality not prohibited from simultaneously serving as, where geographical boundaries overlap|School trustee, where geographical boundaries overlap chief of police of Type A municipality is not prohibited from simultaneously serving as

GA-0394
Greg Abbott

Substitute teacher may receive compensation for serving as member of city council|Member of city council, substitute teacher may receive compensation for serving as

GA-0402
Greg Abbott

Constable not prohibited from simultaneously serving as deputy sheriff|Deputy sheriff may serve as elected constable

GA-0428
Greg Abbott

Municipal utility district board, part-time community college instructor may be compensated for service as member of|Part-time community college instructor may be compensated for service as member of board of municipal utility district

GA-0460
Greg Abbott

County attorney not barred by either article XVI, section 12 of Texas Constitution or by common-law incompatibility from serving as volunteer ombudsman for the National Committee for Employer Support of the Guard and Reserve|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 |County attorney not barred by common-law incompatibility from serving as volunteer ombudsman for the National Committee for Employer Support of the Guard and Reserve

GA-0468
Greg Abbott

School trustee not barred from simultaneously holding office of county clerk|County clerk, school trustee not barred from simultaneously holding office of

GA-0488
Greg Abbott

Nonlawyer employee, supervising lawyer responsible for ensuring that nonlawyer's conduct is compatible with lawyer's professional obligations|Deputy district clerk, who may perform official acts of district clerk in name of district clerk, does not hold a civil office of emolument|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 clerk|Deputy district clerk is not barred by from employment with private attorney who files cases with district clerk|Civil office

GA-0530
Greg Abbott

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 participation|Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses but may not contravene article III, section \r\n52(a) of the Constitution|Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses |Schoolteacher

GA-0536
Greg Abbott

City Administrator of City of League City, Assistant Chief of Police on paid leave of absence is barred from serving as\r\n|City Administrator of City of League City, Assistant Chief of Police on paid leave of absence from position is barred from serving as\r\n|Assistant Chief of Police in City of League City does not hold civil service position\r\n

GA-0538
Greg Abbott

Governing board of metropolitan transit authority, member of not barred from simultaneously serving as acting city manager for city within authority’s jurisdiction\r\n|Common-law doctrine of incompatibility does not bar member of governing board of metropolitan transit authority from simultaneously serving as acting city manager for city within \r\nauthority’s jurisdiction\r\n

GA-0540
Greg Abbott

Constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of groundwater conservation district\r\n|Groundwater conservation district, constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of\r\n

GA-0569
Greg Abbott

Justice of the peace is not a county employee and salary and other compensation is set by the commissioners court|Dual office holding, justice of the peace is not barred by dual office holding provisions from simultaneous service as county emergency medical services employee|Simultaneous service as county emergency medical services employee, justice of the peace is not barred by dual office holding provisions from |Simultaneous service as director of county emergency medical services, sheriff's dispatcher is not barred from

GA-0597
Greg Abbott

Water supply corporation established under Water Code chapter 67, in accordance with Local Government Code section 171.009 a director may not serve simultaneously on a city council unless the director receives no compensation or other reimbursement from the water supply corporation|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 office

GA-0645
Greg Abbott

Employed for compensation in the sheriff’s department, Local Government Code section 81.002(a) prohibits a county commissioner from being simultaneously |Dual employment prohibited by Local Government Code section 81.002(a) need not be considered under article XVI, section 40|Dual employment prohibited by Local Government Code section 81.002(a) need not be considered under common-law doctrine of incompatibility|County commissioner may not be simultaneously employed by the county’s sheriff department under Local Government Code section 81.002(a)\r\n

GA-0688
Greg Abbott

School district chief of police and city council member, simultaneous services as|City council member simultaneously serving as school district chief of police, incompatibility of offices|School district chief of police simultaneously serving as city council member, incompatibility of offices

GA-0738
Greg Abbott

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 districts|School district principal is not a public officer

GA-0766
Greg Abbott

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 office

GA-0786
Greg Abbott

Dual office holding by individual simultaneously serving as member of the board of directors of the Agua Special Utility District and as a member of the board of trustees of South Texas College|Directors of the Agua Special Utility District serving as a trustee of South Texas College

GA-0826
Greg Abbott

Municipality generally is not a \\"business entity\\" for purposes of the conflict of interest provisions of chapter 171 of the Texas Local Government Code|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 council|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 preclude|Conflicts of interest, dual office holding, and common-law incompatibility doctrine, firefighter simultaneously holding office of city council member

GA-0840
Greg Abbott

Visiting statutory county court judge not barred from simultaneously serving as county director of Judicial Support Services|Director of Judicial Support Services for county, visiting statutory county court judge not barred from simultaneously serving as|Visiting statutory county court judge and county director of Judicial Support Services, individual not barred from simultaneously holding both positions of

GA-0841
Greg Abbott

Compensated, part-time, municipal judge, article XVI, section 40 of Texas Constitution prohibits a commissioner of a drainage district from simultaneously serving as a|Texas Constitution, article XVI, section 40, prohibits a compensated, part-time, municipal judge from simultaneously serving as a commissioner of a drainage district|Commissioner of a drainage district, article XVI, section 40 of Texas Constitution prohibits a compensated, part-time, municipal judge from simultaneously serving as a

GA-0849
Greg Abbott

Position of general manager of a water district is not incompatible with the position of city manager|City manager of a home-rule city is not an officer within the common-law doctrine of incompatibility if he is subject to appointment and removal by city council|General manager of, not an officer|Conversion into a municipal utility district

GA-0874
Greg Abbott

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 council|Service on city council, school district police chief who is not a “schoolteacher� may not be compensated for

GA-0939
Greg Abbott

County elections administrator may also be employed to perform duties of a 9-1-1 addressing agent and to assist in preparation of redistricting maps|County elections administrator does not hold public office

GA-1026
Greg Abbott

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 under|Texas statutes, a state employee is not prohibited from becoming a candidate for elective office under|Texas Constitution article 16, section 40(b), a state employee is not prohibited from assuming elected county office under

GA-1036
Greg Abbott

Constable, Texas Constitution article XVI, section 40 prohibits county constable from simultaneously serving as commissioner of emergency services district|Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as a county constable and a commissioner of an emergency services district|Emergency services district, Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as commissioner of an emergency services district and a county constable

GA-1075
Greg Abbott

Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a) from serving the county in other official capacities|Maverick County Hospital District, board member of, whether simultaneous service as a commissioner of a housing authority is prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility where the two entities have contracted with each other, depends on whether holding both offices is detrimental to the public interest or whether the performance of the duties of one interferes with the performance of those of the other. Such a determination is a factual inquiry that cannot be resolved through the opinion process.|Maverick County Hospital District, board member of, not prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility from simultaneously serving as the Maverick County treasurer|Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a), from serving the county in other official capacities

DM-0012
Dan Morales

General manager, director of Duval County Conservation and Reclamation District may serve as District's

DM-0047
Dan Morales

County appraisal district with jurisdiction within boundaries of Guadalupe-Blanco River Authority, service on board of would not be incompatible with service on river authority board|Service on board of county appraisal district that appraises property within boundaries of river authority would not be incompatible with service on the board of river authority|County appraisal district, office of director of is not office of emolument for purposes of constitutional dual office holding provisions|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 authority

DM-0049
Dan Morales

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 12|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

DM-0055
Dan Morales

County education district board member, school district trustee not prohibited from serving as where school district is component of county education district|School district trustee not precluded from teaching in a different school district|Constitutional prohibitions of dual office holding or common-law doctrine of incompatibility, neither bar school district trustee from simultaneously serving on the board of the county education district of which his school district is a component, from t|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 from|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 pa|School district trustee not precluded from working part-time in state legislator's office

DM-0156
Dan Morales

Assistant fire chief, deputy constable may also serve as|Office, assistant fire chief of City of Houston Fire Department does not hold and therefore is not subject to constitutional dual office holding prohibitions or common-law doctrine of incompatibility|Assistant fire chief of City of Houston Fire Department is not subject to constitutional prohibition against dual office holding|Assistant fire chief of City of Houston Fire Department is not subject to common-law incompatibility analysis

DM-0212
Dan Morales

Police officer, sheriff's deputy and school security officer not necessarily civil officers of emolument (Affirmed by Tex. Att'y Gen. LO-93-059)|Security officer of school district, whether city police officer or sheriff's deputy may serve as (Affirmed by Tex. Att'y Gen. LO-93-059)|Civil office of emolument, security officer of school district, city police officer and sheriff's deputy do not hold as a matter of law (Affirmed by Tex. Att'y Gen. LO-93-059)

DM-0267
Dan Morales

State conservation district director and employee of conservation and reclamation district, prohibition inapplicable to|City not a "business entity"|Overlapping state conservation district and city, spouses holding elected offices in|Business entity

DM-0303
Dan Morales

County auditor, constitution does not prohibit serving as executive director of private, nonprofit housing corporation|County auditor, doctrine of incompatibility does not preclude serving as executive director of private, nonprofit housing corporation|Executive director of private, nonprofit housing corporation, county auditor also may serve as|Oath of office statute, conflict of interest statute prevails over to extent of conflict|County auditor also may serve as executive director of private, nonprofit housing corporation if complies with conflict of interest laws

DM-0311
Dan Morales

County commissioner, office of school district trustee is incompatible with office of|Public school district trustee, office of county commissioner is incompatible with office of|County commissioner and public school district trustee are incompatible offices

DM-0428
Dan Morales

Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"|Public office for purposes of article XVI, section 40, municipal judges holds|Simultaneous judgeships in more than one jurisdiction, authority of person to hold|Municipal judge holds "public office" for purposes of article XVI, section 40|Multiple municipal judgeships, whether holding is "of benefit to the state" is matter for legislative resolution|Of benefit to the state

JC-0041
John Cornyn

Peace officer may not simultaneously serve as juvenile probation officer|Juvenile probation officer, peace officer may not simultaneously serve as

JC-0054
John Cornyn

County attorney employment as attorney to city located within county not precluded by common-law doctrine of incompatibility|County attorney employment as attorney to city located within county not precluded by constitutional bar on dual office holding|Employment as attorney to city located within county not precluded by constitutional bar on dual office holding or common-law doctrine of incompatibility|County attorney, employment as attorney to city located within county

JC-0074
John Cornyn

Public school teacher may simultaneously hold office of county commissioner without renouncing salary attached thereto|County commissioner, public school teacher may simultaneously hold office of without renouncing salary attached thereto

JC-0095
John Cornyn

Gulf Coast Waste Disposal Authority is not a soil and water conservation district for purposes of article XVI, section 40, Texas Constitution|Soil and water conservation district

JC-0199
John Cornyn

Member of city council barred from simultaneously serving as volunteer fire fighter|Volunteer fire fighter, member of city council barred from simultaneously serving as

JC-0216
John Cornyn

Trustee of junior college not barred from simultaneously serving as municipal judge

JC-0225
John Cornyn

Common-law doctrine of incompatibility, no authority under home rule power to exempt city council's appointments to governing body of another political subdivision from|Home rule city lacks authority to exempt city council's appointments to governing body of another political subdivision from common-law doctrine of incompatibility|Home rule city lacks authority to exempt from common-law doctrine of incompatibility city council's appointments to board of Authority

JC-0270
John Cornyn

Common-law incompatibility does not bar constable from serving as municipal fire fighter|Constable not barred by common-law incompatibility from serving as municipal fire fighter|Constable not barred from serving as municipal fire fighter

JC-0339
John Cornyn

Municipal utility director barred from serving as member of city planning and zoning commission by common-law doctrine of incompatibility|City delegates sovereign power to planning and zoning commission, members are public officers if|Directors are public officers; common-law doctrine of incompatibility prevents them from holding another public office

JC-0363
John Cornyn

Mayor may not simultaneously hold office of director of hospital district that has condemned property within city

JC-0371
John Cornyn

Trustee of independent school district may not simultaneously serve as volunteer, part-time teacher in a regular academic classroom for a single semester|Common-law incompatibility bars trustee from simultaneously serving as volunteer, part-time teacher in regular academic classroom for single semester

JC-0385
John Cornyn

Volunteer fire fighter, county commissioner may serve as|County commissioner may serve as volunteer fire fighter

JC-0391
John Cornyn

Director, individual employed by company receiving all its revenue from state contract may be compensated as|Municipal utility district director, individual employed by company receiving all its revenue from state contract may be compensated as

JC-0407
John Cornyn

Incompatibility of offices, members of board of health maintenance organization ("HMO") established by hospital district are not public officers|Matters involving the interests of both the hospital district and HMO created by district, HMO board members who are members of the board of managers of hospital district must also faithfully carry out their duty to HMO when participating in|Health maintenance organization established by hospital district, HMO board not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcomm|Conflicts of interest, members of hospital district board of managers who serve on board of health maintenance organization created by hospital district must comply with chapter 171 of Local Government Code whenever participating in hospital district vote|Board of health maintenance organization established by hospital district not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcommit|Vote or decision involving HMO, hospital district board of managers who serve on board of health maintenance organization created by the district must comply with chapter 171 of Local Government Code whenever participating in|Members of board of a health maintenance organization ("HMO") established by hospital district are not public officers

JC-0430
John Cornyn

Assistant county attorney, legislator barred from simultaneously serving as|Legislator barred from simultaneously serving as assistant county attorney

JC-0455
John Cornyn

Groundwater conservation district, compensated member of local non-county governing body may not serve as director of|Groundwater conservation district, county commissioner may not serve as director of, where geographical boundaries overlap

JC-0464
John Cornyn

Unpaid state board member not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislature|Legislator prohibited from holding unpaid state office by article XVI, section 40(d)|Dual office holding, legislator prohibited from holding unpaid state office by article XVI, section 40(d) of the Texas Constitution|State board member who does not hold lucrative office is not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislature; that provision is not relevant to the board member's eligibility to run f

JC-0474
John Cornyn

City council, member of council may not appoint himself to board of directors of crime control and prevention district|Crime control and prevention district, member of city council may not appoint himself to board of directors of

JC-0490
John Cornyn

County treasurer is not barred from simultaneous service as trustee of independent school district|Trustee of independent school district not barred by common-law incompatibility from simultaneously serving as county treasurer|Trustee of independent school district not barred from simultaneous service as county treasurer

JC-0557
John Cornyn

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 authority|Groundwater conservation district with population of less than 50,000, school trustee barred by common-law incompatibility from serving as director of, where geographical boundaries overlap and where both have taxing authority

JC-0564
John Cornyn

Voluntary resignation from council position, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that dual service as council member and volunteer fire fighter acts as|Volunteer fire fighter, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that city council member may not simultaneously serve as|Volunteer fire fighter, City of Cockrell Hill may not adopt resolution barring simultaneous service of city council member as|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 a|Dual service as city council member and volunteer fire fighter not permissible unless city council adopts resolution specifically authorizing it|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 fighter

JC-0577
John Cornyn

University professor may serve on governing board of local governmental district, but may not receive salary|Schoolteacher

JM-1157
Jim Mattox

Appraisal district board member does not hold office of emolument and thus may also serve as county tax assessor-collector|Exception in statute to common-law rule of incompatibility allows county tax assessor-collector to serve as appraisal district board member

JM-1165
Jim Mattox

Mayor may receive salary from city despite being independent contractor with private corporation that receives state funds|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 mayor

JM-1266
Jim Mattox

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 district|Mayor or city council member barred from serving as director of navigation district unless allowance is for actual expenses only|Conflicting loyalties, inapplicable where one position is an office and the other a mere employment

KP-0265
Ken Paxton

Article XVI, section 40 of the Texas Constitution, which prohibits dual office holding in certain circumstances, does not prevent the City of Ranger chief of police from simultaneously serving as city manager.

The common-law doctrine of self-employment incompatibility prohibits one person from holding an office and an employment that the office supervises. Language in the Ranger city charter suggests that the city manager may supervise the chief of police. To the extent that is the case, an individual may not serve in the two separate positions of city manager and chief of police.

If the city commission exercised its authority to combine the roles of city manager and chief of police, the city commission could employ a single 1.ndividual to perform both roles without raising concerns about self-employment incompatibility.