Article XVI, Section 33 of the Texas Constitution

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As amended November 7, 1972:

The accounting officers in this State shall neither draw nor pay a warrant or check on funds of the State of Texas, whether in the treasury or otherwise, to any person for salary or compensation who holds at the same time more than one civil office of emolument, in violation of Section 40.

Editor Comments

As adopted in 1876, this section read: "The accounting officers of this State shall neither draw nor pay a warrant upon the treasury in favor of any person, for salary or compensation as agent, officer, or appointee who holds at the same time any other office or position of honor, trust, or profit, under this State or the United States, except as prescribed in this Constitution."

The section has been amended four times, most recently to make it solely an enforcement provision for Article XVI, Section 40.

Steve Smith

Recent Decisions

None.

Historic Decisions

  • Carpenter v. Sheppard, 145 S.W.2d 562, 567 (Tex. 1940) ("We must assume that those who are in charge of the military affairs of this Nation and this State will conduct themselves so as to protect the rights of the people and the administration of their affairs by their public officers. By virtue of Sections 33 and 40 of Article 16 of the Constitution, we hold that Relator did not vacate his office as a member and Chairman and Executive Director of the Texas Unemployment Compensation Commission, when called into the military service of the United States . . . . We further hold that his appointment as Major in the United States Army does not violate Section 12 of Article 16 of the Constitution.")

Library Resources

Online Resources