Texas Attorney General Opinion: O-2528 Page: 3 of 4
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Honorable Bert Ford, Administrator, Page 3
hereafter be organized, the county judge of the
county in which said idpndent district is
situated shall order an election for seven truso
tees, vho shall constitute the school board of
such district, and all of whom shall serve with-
out compensation." ( ndera rring oursj
It is, therefore, apparent that a member of the
Board of Trustees of an independent school district, croated
under the general laws, does not hold an office of emolument
within the meaning of Article 16, Section 40, of our ftRate
We quote from 34 Texas Jusprudenoe, page 349, re-
ferring to Article 16, Seo. 40, as followves
"The Constitution applies only to offices
of emoluant. 'bamol.ment' ans a pecuniary
profit, gain or advantage hence the same person
msy hold two civil offices here no pay, iompen-
nation or pecuniary gain attaches to one of them,
provided they are not incompatible."
We know of no reason why the duties of a member of
the Board of Trustees of an independent school district should
be in any mnnmepr onflioting or incompatible vith the duties
of an Inspector for the Texas Liquor Control Board.
Article 16, Section 33, of our State Constitition,
roads in part, as follovaws
"The Maoounting officers of this State shall
neither draw nor pay a varrant upon the Treasury
in favor of any person, for salary or compensattiion
as agent, officer or appointee, who holds at the
same time any other office or position of honor,
trust or profit, under this State or the United
States, except as prescribed in this Constitution."
A trustee of an independent school district is a
civil officer of the State. See Thomas, et l s. Abernthy
County Line Independent School Distriot, et al, 278 SW 213
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-2528, text, 1940; (texashistory.unt.edu/ark:/67531/metapth259738/m1/3/: accessed October 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.