Admin: Text replacement - "TEX. CONST." to "Tex. Const."

2025-06-20T14:28:01Z

Text replacement - "TEX. CONST." to "Tex. Const."

← Older revision		Revision as of 09:28, June 20, 2025
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	The Texas Constitution prohibits a single individual from simultaneously holding "more		The Texas Constitution prohibits a single individual from simultaneously holding "more
	than one civil office of emolument." ~~TEX~~. ~~CONST~~. art. XVI, § 40(a). The prohibition applies if		than one civil office of emolument." Tex. Const. art. XVI, § 40(a). The prohibition applies if
	both positions are civil offices entitled to an emolument, or "a pecuniary profit, gain, or		both positions are civil offices entitled to an emolument, or "a pecuniary profit, gain, or
	advantage." State ex rel. Hill v. Pirtle, 887 S.W.2d 921,931 (Tex. Crim. App. 1994). If only one.		advantage." State ex rel. Hill v. Pirtle, 887 S.W.2d 921,931 (Tex. Crim. App. 1994). If only one.

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For determining the
compatibility of two offices, "the crucial question is whether the occupancy of both offices by the
same person is detrimental to the public interest or whether the performance of the duties of one
interferes with the performance of those of the other." State ex rel. Hill v. Pirtle, 887 S.W.2d 921,
930 (Tex. Crim. App. 1994).

Ehlinger v. Clark, 8 S.W.2d 666, 674 (Tex. 1928).

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The Texas Constitution prohibits a single individual from simultaneously holding "more
than one civil office of emolument." TEX. CONST. art. XVI, § 40(a). The prohibition applies if
both positions are civil offices entitled to an emolument, or "a pecuniary profit, gain, or
advantage." State ex rel. Hill v. Pirtle, 887 S.W.2d 921,931 (Tex. Crim. App. 1994). If only one.
position is compensated, the prohibition will not apply. See id.

Whether an individual is a public officer within the meaning of article XVI, section 40,
depends on "whether any sovereign function of the government is conferred upon the individual
to be exercised by him for the benefit of the public largely independent of the control of others."
A/dine Indep. Sch. Dist. v.Standley, 280 S.W.2d 578,583 (Tex. 1955).

https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp0265.pdf

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e Ehlinger v. Clark, 8 S.W.2d 666, 674 (Tex. 1928) ("[C]ourts have with
great unanimity throughout the country declared that all officers who have the appointing power
are disqualified for appointment to the offices to which they may appoint.").

Texas Constitution talk:Article XVI, Section 40 - Revision history

Admin: Text replacement - "TEX. CONST." to "Tex. Const."

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