Could a Dallas County Community College trustee simultaneously serve as a Dallas County commissioner?
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This page answers the general question as of 1984. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-129: Community College Trustee and County Commissioner
Plain-English summary
JM-129 concluded that one person could not simultaneously serve as a Dallas County Community College trustee and a Dallas County commissioner because the offices were incompatible at common law.
"On examination of the statutes governing the district, we have determined that the common law doctrine of incompatibility prohibits the dual service inquired about."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Potential conflicts included control over county tax-collection resources, decisions affecting roads across college land, and other matters because the college district and county had the same boundaries.
"Furthermore, since the boundaries of the district and the county are coterminous, the potential for other conflict always exists."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Currency note
This opinion was issued in 1984. Subsequent statutory amendments, institutional changes, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on it.
Common questions
Which offices were involved?
A trustee of the Dallas County Community College District wanted to serve as a Dallas County commissioner.
"A trustee of the Dallas County Community College District wishes to serve as a county commissioner in Dallas County."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
The district and county boundaries were coterminous.
"The boundaries of the junior college district are coterminous with the county boundaries."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
What does common-law incompatibility prohibit?
It prevents one person from accepting two offices when one can impose its policies on or otherwise control the other.
"The common law doctrine of incompatibility prevents one person from accepting two offices where one office might thereby impose its policies on the other or subject it to control in some other way."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
How could tax collection create a conflict?
The junior-college board could require the county tax assessor-collector to assess and collect college taxes, while the commissioners court controlled that county office's budget.
"Under this provision the Trustees of Dallas County Community College may require the tax assessor-collector of Dallas County to assess and collect its taxes, even if this service interferes with his county responsibilities, for example, by slowing the assessment and collection of county taxes."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf"In addition, the commissioners court controls the budget of the tax assessor-collector's office under section 3912k, V.T.C.S."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf"The county and the junior college district could have conflicting interests with respect to tax collection and one person serving as junior college trustee and county commissioner could not serve the best interests of both."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
How could roads create a conflict?
County commissioners could improve certain city streets as county-road links, while Education Code section 2.04 required institutional consent before opening a public road across college land.
"No public road shall be opened across land owned and used by any school district or other educational institution covered by this code without the consent of the regents, directors, or trustees of that institution and approval of the governor."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
If a campus lay on a possible county-road extension, the person's county duties could conflict with the trustee's responsibility to protect college interests.
"A trustee who also served as county commissioner might let county policy influence his vote on consent under section 2.04 of the Education Code, thus subordinating the junior college district's interests to the county's."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Did the opinion reach the constitutional dual-office questions?
No. The common-law incompatibility conclusion made it unnecessary.
"Hence, we need not address any issues that might be raised by any constitutional provision on dual office holding."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Background and legal framework
Section 130.082 governed trustee elections for junior-college districts other than those managed by independent-school-district boards.
"Section 130.082 of the Education Code relates to the election of trustees for all junior college districts other than those managed by the governing board of an independent school district."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
At the time, the district's seven campuses were inside incorporated cities and the college reportedly owned no property in unincorporated Dallas County, but the opinion still found statutory potential for road and other conflicts.
"A representative of the junior college has informed us that each of the district's seven campuses is located within the boundaries of an incorporated city, and that the junior college does not now own any property in the unincorporated part of Dallas County."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Holding
"The common law doctrine of incompatibility prevents a trustee of Dallas County Community College from simultaneously serving as Dallas County Commissioner."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0129
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0129.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
February 23, 1984
Mr. Kenneth H. Ashworth
Commissioner
Coordinating Board
Texas College and University System
P. O. Box 12788, Capitol Station
Austin, Texas 78711
Opinion No. JM-129
Re: Whether a member of a board of trustees of a community college may serve simultaneously as a county commissioner
Dear Mr. Ashworth:
On behalf of the Dallas County Community College District, you ask:
Whether a member of a Board of Trustees governed by section 130.082 of the Education Code, V.T.C.S., may serve simultaneously as a county commissioner?
Section 130.082 of the Education Code relates to the election of trustees for all junior college districts other than those managed by the governing board of an independent school district. A trustee of the Dallas County Community College District wishes to serve as a county commissioner in Dallas County. The boundaries of the junior college district are coterminous with the county boundaries. See Attorney General Opinion C-533 (1965). A representative of the junior college has informed us that each of the district's seven campuses is located within the boundaries of an incorporated city, and that the junior college does not now own any property in the unincorporated part of Dallas County.
On examination of the statutes governing the district, we have determined that the common law doctrine of incompatibility prohibits the dual service inquired about. Hence, we need not address any issues that might be raised by any constitutional provision on dual office holding. See Tex. Const. art. II, §1, and art. XVI, §40.
The common law doctrine of incompatibility prevents one person from accepting two offices where one office might thereby impose its policies on the other or subject it to control in some other way. See Thomas v. Abernathy County Line Independent School District, 290 S.W. 152 (Tex. Comm. App. 1927); State v. Martin, 51 S.W.2d 815 (Tex. Civ. App. - San Antonio 1932, no writ). Compare Letter Advisory No. 114 (1975) with Letter Advisory No. 149 (1977).
For example, section 130.121 of the Education Code provides that the governing board of a junior college district may have its taxable property "assessed and/or its taxes collected, in whole or in part, by the tax assessors and/or tax collectors, respectively, of any county, city, taxing district, or other governmental subdivision in which all or any part of the junior college district is located." See Attorney General Opinion JM-35 (1983). Under this provision the Trustees of Dallas County Community College may require the tax assessor-collector of Dallas County to assess and collect its taxes, even if this service interferes with his county responsibilities, for example, by slowing the assessment and collection of county taxes. In addition, the commissioners court controls the budget of the tax assessor-collector's office under section 3912k, V.T.C.S.
The county and the junior college district could have conflicting interests with respect to tax collection and one person serving as junior college trustee and county commissioner could not serve the best interests of both. We conclude that section 130.121 creates an incompatibility between the two offices.
Moreover, the county commissioners may, with the consent of the city, improve city streets which form an integral part of the county road system or a connecting link with it. See Attorney General Opinion H-1018 (1977). Section 2.04 of the Education Code provides as follows:
No public road shall be opened across land owned and used by any school district or other educational institution covered by this code without the consent of the regents, directors, or trustees of that institution and approval of the governor, unless the land is subject to sale under the general laws of Texas. The roads already opened across such land may be closed by the authorities in charge whenever they deem it necessary to protect the interest of the institution and on repayment with eight percent interest of the amount actually paid out as appears on the records of the commissioners court, by the situs county for the land's condemnation.
We have been informed that no city or county roads cross the junior college campuses, with one minor exception. However, we do not know whether any campus is situated on the route of a possible extension of a county road or connecting link between county roads. If one is so situated, the duties of the county commissioners might come into conflict with those of the junior college trustees. A trustee who also served as county commissioner might let county policy influence his vote on consent under section 2.04 of the Education Code, thus subordinating the junior college district's interests to the county's.
Furthermore, since the boundaries of the district and the county are coterminous, the potential for other conflict always exists. For all of these reasons, one person may not serve as Trustee of Dallas County Community College and at the same time serve as Dallas County Commissioner.
SUMMARY
The common law doctrine of incompatibility prevents a trustee of Dallas County Community College from simultaneously serving as Dallas County Commissioner.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
Bruce Youngblood
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