AUSTIN - A court would likely conclude that the common-law incompatibility doctrine does not bar a Nueces County commissioner from simultaneously serving as the general manager of the South Texas Water Authority, states an opinion released by Attorney General Ken Paxton yesterday.
Records show Nueces County Attorney Jenny Dorsey submitted the opinion request on Sept. 24, seeking clarity on “whether the County Commissioner may serve as commissioner and as general manager of a water district concurrently.”
The request states that the Texas Constitution expressly prohibits dual office holding, but that there are several offices excluded from the prohibition, including county commissioners.
Paxton also found that a court would likely conclude that the management service agreement between the South Texas Water Authority and a corporation for which a Nueces County commissioner serves as president does not constitute a conflict of interest under Chapter 171 of the Local Government Code.
Opinion No. KP-0407