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Constitutional Provisions

Summaries

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-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

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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-0216
John Cornyn

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

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-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-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