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Incompatibility Of Offices

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

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-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-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-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-0402
Greg Abbott

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

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-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-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-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-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

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-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-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

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-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-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-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-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

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.