Texas Attorney General Opinion: O-1263 Page: 2 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
271
Hon. Shelburne H. Glover, Page 2.
A deputy sheriff is subject to the orders of the
sheriff, and is required to enforce the laws within the
particular county wherein he is appointed. He necessarily
owes his allegiance to the sheriff'of said county and to
the citizens of said county, as a law enforcing officer.
A Special Ranger is subject to the orders of the Department
of Public Safety and of the Governor. It is easy to con-
template that at times there might be a conflict between
these respective departments of government. If the Depart-
ment of Public Safety should want the Special Ranger to do
a certain act in a certain way within the county where he
serves as deputy sheriff, and the sheriff should desire it
done in a different manner, the authority of the two would
conflict.
Again, if the Department of Public Safety should
desire the services of the Special Ranger for some other
part of the State and the ateriff needed him in the county
where he served as deputy sheriff, there would be a eon-
filot of authority. This being true, the two offices are
incompatible, and no person should hold both of them at
the same time. It is very true that no one can "serve two
masters."
In Thomas vs. Abernathy County Line Independent
School District, 290 S.W. 152, our Supreme Court held that
a person could not hold the office of school trustee and
at the same time be an alderman in the city, neither of
which places paid any salary, and used the following language:
"In our opinion the offices of school trustee:
and alderman are incompatible; for, under our sys-
tem there are in the city council or board of alder-
man various directory or supelaisory powers exertable
in respect to school property located within the city
or town, and in respect to the duties of school true-
tee performable within its limlts--e.g., there might
well arise a conflict of discretion or duty in res-
pect to health, quarantine, sanitary and fire preven-
tion regulations. If the same person could be a
school trustee and a member of the city eounCl or
board of aldermen at the same time, school policies
in many important respects would be subject to
direction of the council or aldermen instead of
that of the trustees."
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: O-1263, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258445/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.