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1995 Texas Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtx0058 and id is 1 raw text is: office of the Attornep Oeneral state of Texas DAN MORALES ATTORNEY GENERAL February 7, 1995 Mr. Lyndon Olson Letter Opinion No. 95-001 President Brazos River Authority Re: Whether an employee of a state P.O. Box 7555 university may be compensated for service Waco, Texas 76714-7555 on the board of directors of the Brazos River Authority (ID# 27010) Dear Mr. Olson: You state that the governor has appointed an assistant professor of Prairie View A&M University to the Board of Directors of Brazos River Authority. You wish to know whether this individual may be paid the fees of office provided in section 50.059 of the Water Code for serving as a director of the Brazos River Authority while he also serves as a professor of a state university. Your question raises the following provision of article XVI, section 40 of the Texas Constitution: 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 individuals shall receive no salary for serving as members of such governing bodies. Tex. Const. art. XVI, § 40 (emphasis added). A professor at a state-supported university is an employee of the state. Tilley v. Rogers, 405 S.W.2d 220, 224 (Tex. Civ. App.--Beaumont 1966, writ ref'd n.r.e.); Letter Advisory No. 137 (1977). Thus, he may not receive a salary for serving as a member of the governing body of a school district, city, or another local governmental district. The Brazos River Authority was created as the Brazos River Conservation and Reclamation District pursuant to article XVI, section 59 of the Texas Constitution, which provides for the conservation and development of the state's natural resources. Acts 1929, 41st Leg., 2d C.S., ch. 13, §§ 1, 2; Acts 1953, 53d Leg., ch. 194, § 2 (changing name of Brazos River Conservation and Reclamation District to Brazos River Authority). The creation of the Brazos River Authority effectuated the policy of article XVI, section 59, which may be affected through the creation within the State or the division of the State into such number of Conservation and Reclamation

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