Office of the Attorney General of Texas


July 7, 1997

The Honorable David A. Sheffield
Hardin County Attorney
P.O. Box 516
Courthouse, Second Floor
Kountze, Texas 77625
Letter Opinion No. 97-060

Re: Whether an individual may be compensated for serving both as a constable and as a courtroom bailiff (ID# 39429)

Dear Mr. Sheffield:

You ask whether an individual may receive compensation for serving both as a constable and as a courtroom bailiff. We believe that such dual compensation is authorized.

You have indicated your familiarity with Letter Opinion No. 92-73 in which this office determined that it is permissible for one individual to hold the two positions simultaneously because a courtroom bailiff does not hold an office of emolument under article XVI, section 40 of the Texas Constitution, and the two positions are not incompatible under common law. In that opinion, we did not consider whether one individual could be compensated for service in each position. We now determine that because a courtroom bailiff is not an office of emolument under article XVI, section 40 there is no bar to an individual receiving compensation for serving in both positions.(1) Therefore, we believe that such an individual may receive compensation for service in each position.

      Yours very truly,

      Rick Gilpin
      Deputy Chief
      Opinion Committee


Footnotes

1. Letter Opinion No. 92-73 (1992) at 2. Article XVI, section 33 of the Texas Constitution, which applies when a person holds more than one civil office of emolument in violation of section 40, is not applicable.


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