Texas Attorney General Opinion: JM-1165 Page: 2 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Carlos Valdez - Page 2 (JM-1165)
State employees or other individuals who
receive all or part of their compensation
either directly or indirectly from funds of
the State of Texas and who are not State
officers, shall not be barred from serving as
members of the governing bodies of school
districts, cities, towns, or other local
governmental districts; provided, however,
that such State employees or other indivi-
duals shall receive no salary for serving as
members of such governing bodies.
Tex. Const. art. XVI, 40.
You wish to know whether this language applies to an
independent contractor who contracts with a private entity
that receives part of its revenues under contract with
the State of Texas. An individual who receives compensa-
tion "directly or indirectly from funds of the State of
Texas . . . shall receive no salary" for serving as a member
of the governing body of a city.
The present language of article XVI, section 40, was
adopted in 1972. The amendment was proposed by Senate Joint
Resolution 29 of the 62d Legislative Session. S.J.R. 29,
Acts 1971, 62d Leg., at 4133. The following portion of the
title of the resolution describes the provision under
consideration:
permitting State employees or certain other
individuals, who are not State officers, to
serve as members of the governing body of
school districts, cities, or towns, or other
local governmental districts without for-
feiting their salary for their State
employment.
This portion of the 1972 amendment was a response to
Bovett v. Calvert, 467 S.W.2d 205 (Tex. Civ. App. - Austin
1971, writ ref'd n.r.e.), appel dism'd, 405 U.S. 1035
(1972), which interpreted the text of article XVI, section
33, of the Texas Constitution that was repealed in 1972.
See G. Braden, The Constitution of the State of Texas: An
Annotated and Comparative Analysis (2d. 1977). Article XVI,
section 33, formerly provided that the state would not pay
salary or compensation to any agent, officer or appointee
who held any other office or position of honor, trust, or
profit under the state. See H.J.R. 27, Acts 1967, 60thp. 6155
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1165, text, April 24, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273603/m1/2/?q=%22Mattox%2C+Jim%22: accessed June 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.