Untitled Texas Attorney General Opinion ( 1950 )

. - PRICE DANIEL ATTORNEY GENERAL September 7, 1950 Hon. Robert S. Calvert Corptrol1.r of Public Accounts Austin, Texas Opini.on NO. V-1103. Re: Legality of paying the State salary of the Market News Specialist of the Department of Agriculture under the sub- mitted facts regarding his re- coipt sf fedora1 compensation for this work. Dear Mr. Calvert: The Fifty-first Legislature made an appropriation to the State Department Of Agriculture in the General Depart- mental Appropriation Bill in a line item for salary as fol- 1ws: Market ~sews 8peciallst e 0 . #2,280&C for each year of the current biennium. The Department of Agriculture of Texas and the Ag- rieultural Marketing Servfce, United States Department of Agriculture, function cooperatively in this market nws serv- ice and have a coBrmbnemployee, a market news specialfst, whoso salary is paid part by the federal government and part by the State of Texas. The Agricultural Department has presented a pay roll claPm requesting that your department issue a warrant in favor of Mr. Glen L, Ellfson, Market News Specialist fn the amount of $190,00 against the above mentioned appropr %ation for hfs current July salary. The records reveal that Mr. Glen L. alison is a fed- eral employee, receiving an annual salary from the United States Department of Agriculture as a "Marketfng Special&t in Lire- stock" under permanent civil servfce appointment, and he parti- cipates in federal retirement, annual leave, sick leave, etc., - . Hon. Robert S. Calvert - Page 2 (V-1103) virtue of such appointment. Based upon the stated facts, you request the opin- ion of this office as to whether or not you have the legal .aathority to issue a salary warrant to Mr. Glen L, Ellison, Market News 8peciallst, against the above appropriation0 Section 33 of Article XVI of the Constitution of Texas provides that: “The Accounting Officers of this State shall neither draw nor pay a warrant upon the treasury in favor of any person, for salary or The Market News Specialist is not a position included in the exceptions to Section 33 of Article XVI, prescribed by the Constitution of Texas. Under the foregoing facts It is clear that Mr. Rlli- son is holding a position of profit under the United States. Therefore, you are advised that the payment of a salary war- rant in favor of Mr. Blllson would be violative of Section 33 of Article XVI OS the Constltutlon of Texas, and you have no legal authority to draw such warrant. In your opinion request you refer to Attorney Gener- al’s Opinion Ro. O-1686 ap roved by former Attorney General Gerald C. Mann on Rove8 4 er !l0, l9399 which holds that the pay- ment of the salary appropriated by the Legislature for the Mar- ket Rews Specialist is lawful. It appears that this opinion was based upon an assuxptlon of facts that do not now exist. Opinion Ro. O-1686 iS overruled. Issuance of salary warrant to a State em- ployee holding a position of profit under the Hon. Robert S. Calvert - Page 3 (V-1103) United States Government is prohibited by See- tion 33, Article XVI, Constitution of Texas. Attorney General's Opinion O-1686 overruled0 Very truly yours, APPROVED: PRICE DANI= Attorney General Everett Hutchinson Executive Assistant Charles D. Mathews First Assistant Assistant CKRrwb