Texas Attorney General Opinion: V-303 Page: 1 of 9
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OFIxcE OF
THE ATTORNEY GENERAL
AuSTrN, TExAs.
PRICE DANIEL July 15, 1947
ATTORNEY GENERAL
Hon. C. H. Cayness Opinion No. V-303
State Auditor
Capitol Building Re: Construction of Arti-
Austin, Texas tle 16, Sections' 33
and 40, Texas Consti-
tution, as applied to
an independent con-
tractor.
Dear Mr. Cavness:
In your letters of June 14th and 30th, you
state that Mr. Jac L. Gubbels is a full-time employee of
the State Highway Department, holding the position of
"Head Landscape Architect, a position created by that
Department which is not listed in the Appropriation Bill.
His salary is paid out of the State Treasury by warrant,
During the time Mr. Gubbels was so employed, he'entered
into an agreement with the Austin Independent School
District, through its Board of Trustees, to. conduct a
survey of the Austin school system, and to 'mak recom-
mendations for the locations for new school sites in
connection with a program of development through the'
year 1966. Under such contract, and while employed by
the State Highway Department, Mr. Gubbels conducted the
survey and made recommended locations for thirty-one
school sites at an agreed fee of $750.00 per site. A
check was issued to Mr. Gubbels on June 4, 1947, by the
School Bbard in the sum of $23,250.00 for such services.
You disclose that such check was paid from the proceeds
of the sale of certain building bonds issued "by the
Austin Independent School District and/or the City of
Austin." You further state that: "We have not ascer-
tained as to whether any portion of Mr. Gubbels' School
District duties were performed during working hours for
Which he was being paid as an employee of the State
Highway Department."
Your question is whether Mr. Gubbels' employ-
ment by the Austin Independent School District concur-
rent with full-time employment by the State of Texas,
comes within the prohibition of Section 33 of Article
16 of our State Constitution.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-303, text, July 15, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265122/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.