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
ATTORNEY GENERAL                       February 7, 1995
Mr. Lyndon Olson                        Letter Opinion No. 95-001
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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