Texas Attorney General Opinion: JC-385 Page: 1 of 3
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OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS
JOHN CORNYN
June 5, 2001The Honorable Virginia K. Treadwell
McCulloch County Attorney
Courthouse, Room 302
Brady, Texas 76825Opinion No. JC-0385
Re: Whether a county commissioner may serve as
a voluntary fire fighter (RQ-0335-JC)Dear Ms. Treadwell:
You ask whether a county commissioner may serve as a volunteer fire fighter for an
unincorporated city in his county. For the reasons explained below, we conclude that he may do so.
You explain that a newly elected commissioner for McCulloch County has served as a
member of the volunteer fire department for the City of Lohn since 1975. Lohn is an unincorporated
town of approximately 100 persons that is located in McCulloch County.' As a volunteer fire
fighter, the commissioner "responds to calls and attends monthly meetings," but receives no
compensation for his services.2
You indicate that the commissioners court donates $400 per year to each of the six volunteer
fire departments in McCulloch County, including Lohn. "There are no stipulations or conditions
placed on how the money is spent and the commissioners have no control over how the money is
utilized."3 Furthermore, the "Lohn VFD is not under the control of McCulloch County. It is not
housed on county property and is not led by a chief who must be approved by the county
commissioners court."4
Article XVI, section 40 of the Texas Constitution prohibits an individual from
simultaneously holding more than one office of emolument. See TEX. CONST. art. XVI, 40. A
volunteer fire fighter does not hold an office. See Tex. Att'y Gen. Op. No. H-665 (1975) at 2; Tex.
'See Letter from Honorable Virginia K. Treadwell, McCulloch County Attorney, to Honorable John Cornyn,
Texas Attorney General (Jan. 2, 2001) (on file with Opinion Committee).
2Id.
3Id.
4Brief from Honorable Virginia K. Treadwell, McCulloch County Attorney, to Honorable John Cornyn, Texas
Attorney General, at 2 (Mar. 19, 2001) (on file with Opinion Committee).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-385, text, June 5, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274694/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.