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Conflicts of Interest; Incompatibility of Offices; Constitutional Law - Texas; Dual Office Holding; Municipal Officers and Employees

KP-0265

Texas Attorney General Opinion

Article XVI, section 40 of the Texas Constitution, which prohibits dual office holding in certain circumstances, does not prevent the City of Ranger chief of police from simultaneously serving as city manager. The common-law doctrine of self-employment incompatibility prohibits one person from holding an office and an employment that the office supervises. Language in the Ranger city charter suggests that the city manager may supervise the chief of police. To the extent that is the case, an individual may not serve in the two separate positions of city manager and chief of police. If the city commission exercised its authority to combine the roles of city manager and chief of police, the city commission could employ a single 1.ndividual to perform both roles without raising concerns about self-employment incompatibility.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.