The opinion
AunTIN 11. TEXAS
PRICE DANIEL
ATTORNEYGENERAL
February 2, 1948
Pan. Barion M. Brown, M. D., Chairman
State Board of Medical Examiners
918 Texas Bank Building
Dallas 2, Texas Opinion No. V-493
Re: Legality of the Secretary-
Tr9asurer of the State
Board of Medical Bxamlners
receiving compensation
both as member of the
Board and as Secretary-
Treasurer.
Dear Sir:
)Is refer to your letter of recent date request-
ing an oplnio~& from this office on the above subject,
which reads as follows:
"In compliance with our conversation
of this date, we are submitting a formal
request for your opinion on several gro-
blen8 now confronting the Texas Stat.6 Board
of Medical Examiners. Before submitting the
specific questions upon which we.deslre hour
opinion, It might be ire11 for us to briefly
give you a little historT of our situntlon.
'Dr. Crowe, Secretary of the State
Board of Medical Examiners for many yeare,
has recently passed away, and the Board
basselected Dr. H. F. ~Connrlly acting Se-
cretary until such time as a permane+..
secretary my be selected. .As you proba-
blj already know, Dr. Connally has been ti
member of the State Board of Medical Examin-
ers far many years and has served as Chair-
man of the Reciprocity Colaittee.
"For Dr. Co~allj's services as a me=-
ber of the State Board of bfedlcal Examiners
and Chairman of the Reciprocltr Committee;
he has participated equally with the other
Bon. Marten M. Brown, M. D., page 2 (V-493)
members of the Board in the funds derived
from the examination and reciprocity fees
after all of said expenses have been paid.
“The Secretary of the State Board of
Medical Exarinera is paid a salary out of
the doctors’ annual registration fees which
are deposited to a proper account in the
State Treasury, and at no time is the sal-
sry of sala secretary, or any portion there-
of, paid out of the balance of examination
fees or reciprocity fees.
“After making the foregoing statement,
we wculd like to propound the following
question:
“Can Dr. Connally draw a salary
as acting Secretary of the State Board
of Medical Examiners and at the same
time participate with the other mem-
bers of the Board in the funds derived
from examination fees and reciprocity
fees for services rendered in conduct-
ing examinationsas a member of the
Board?
“In addition to this question, the
Board would like to know whether they have
authority to move the State offices from
their present location in the City of Dal-
las to some other city or town within the
State of Texas.”
We quote the following statutory provisions:
“Article 4495. The Texas State Board
of Medical Examiners shall consist of twelve
men, learned in medicine, legal and active
practitioners in the State of Texas, who
shall have resided and practiced medicine
in this State, under a diploma from a legal
and reputable college of medicine of the
school to which said practitioner shall be-
long, for more than three years prlo; to
their appointment on said Board. . .
“Article 4496. Bach member o? said
board shall qualify br taking the official
Eon. Marion M. Brown, A. B., page 3 (V-493)
oath in the county of his residence. At
the first meeting of said board after each
biennial appointment, the board shall elect
a president, vice-president and secretarj-
treasurer. . .v
"Article 4498a. . . . The Secretary-
Treasurer shall receive a salary to be flx-
ed by the Legislature In its General Appro-
priation Bill for the performance of such
duties under. this Act, . . .'
"Article 4502. The fund realized from
the aforesaid fees shall be applied first
to the payment of necessary expenses of the
board of examiners: any remaining funds
shall be applied by the order of the board
to compensating members of the board in
proportion to their labors.'
It will be noted from the foregoing statutory
provisions that the State Board of Medical Butminers con-
sists of twelve men (Art. 4495) and the Secretary-Treas-
urer is elected from its members (Art. 4496). See At-
torney General's Opinion Bo. o-6340. Annual registra-
tion fees collected by the State Board of Medical Examin-
ers are required to be deposited in the State Treasury
(Sec. 3 of Art. 4498a). Fees collected on reciprocal
arrangements and examination fees (Art. 4502) are not
deposited in the State Treasury. See Attorney General's
Opinion No. O-3711. Each member of the State Board of
Medical Examiners is entitled to participate in the fee.3
collected on reciprocal arrangements and examination
fees as oompensation for services rendered as member of
the Board. The Secretary-Treasurer of the Board receives
a salary set in the General Appropriation Bill out of the
medical registration fund.
In addition to the duties performed by mem-
bers of the Board, the Legislature has placed certain
other duties on the member elected Secretary-Treasurer
and for such services haa provided that he "shall re-
ceive a salary to be fixed by the Le islature in its
General Appropriation Bill." (Art. &498a). In other
words, the Legislature has provided that the Secretarg-
Treasurer shall perform certain duties in addition to
those duties imposed upon him a~3member of the Board,
and for performing those additional duties has allow-
ed the Secretary-Treasurer additional compensation.
HOG. Marion M. Brown, M. D., page 4 (V-493)
An officer is not entitled to additional com-
ea.” City of Texarkaa v. ?loyd, 59 S. W. (2d) 449; 43
Corpus Jur. p. 691. BP. Connally daOB net hold two af-
fices or positions within the meaning of Sectlana 33 or
40 of Article XVI of the Texas Constitution. He hol&a
one position (Board Member) with additlanal duties to
that same office (Secretary-Treasurer . Jones v. Alox-
sneer, 122 Tex. 328, 59 9. W. (2d) 10A0.
Since Dr. Connally is Acting Secretary-Treas-
urer of the Board, and in view of the statutory proii-
slon allowing the Secretary-Treasurer additional aom-
pensation for services rendered as Secretary-Treasurer,
it Is our opinion that Dr. Connally la entitled, for
the period which he serves as Secretary-Treasurer, to
the srlary provided in the General Appropriation Bill,
p. 886, Acts 50th Legislature, 1947 in addition to the
’~oompeasation allewe un8er Article 4502, V. C. S., as
mmber of the Hate Board o? Medical Examiners.
In answer to your second question, we know of
no provision fixing tho location of the offices of the
State Board of Medical Examiners. b,the absence of
statutory provisions fixing the location of the offices
of the Board, it is our opinion that the State Board of
Medical Examiners may move their offices to any city or
town in Texas,
SWMMARY
(1) The Secretirj-Treasurer of the
Eoard of Medical Examiners, being a mem-
ber of the Board, is entitled not only
to participate in the compensation pro-
vided Board members under Article 4502,
v. c. a., but also to receive the salary
of the Seoretiry-Treasurer authorized
by Article 4498a, Vi C, 'S., as fixed by
the Legislature in the General Appropria-
tion Bill.
Hon. Marion M. Brown, M. D., page 5 (V-493)
(2) The State Board of Medical Ex-
amlaers has the authoritg.to move its of-
fices from their present location to any
other city or town in Texas.
Yours verr truly,
ATTORNEY
WllWfAL OF TEXAS
Jlkmw
Assistant