THE L~TI-ORNEY GENERAL
OF-XAS
AUSTIN. TEXAS 78711
April 18, 1972
Hon. Rayford Price Opinion No. M-1120
Speaker, State of Texas
House of Representatives Rez. Whether the nepotism
Austin, Texas statutes prohibit a mem-
ber of one house of the
Legislature from employ-
ing a person on his staff
who is not related to him
but is related within the
second degree of affinity
or the third degree of
consanguinity to a member
of the other house of the
Legislature, and a relat-
Dear Sir: ed question.
You have presented the following two questions to
this office for an official opinion:
"(1) Do the nepotism statutes prohibit
a member of one house of the legislature from
employing a person on his staff who is not re-
lated to him but is related within the third
degree of affinity or the second degree of
consanguinity to a member of the other house
of the legislature?
"(2) Do the nepotism statutes prohibit
the Speaker of the House of Representatives,
who is authorized by House Rules to appoint
employees of the House of Representatives,
from appointing a person as an employee Of
the House who is not related to any member
of the House but is related within one of
the degrees mentioned above to a State
Senator? M
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Hon. Rayford Price, page 2 (M-1120)
Article 432 of the Penal Code of Texas prohibits
employment or appointment of persons related within the
second degree by affinity or within the third degree by
consanguinity. This opinion, of course, will be restricted
to these respective degrees of relationship.
This Article prohibits the appointment by
II
. . 0 any member of the Legislature, . . .
of any person related . . . to any other member
of.. . the Legislature . . . when the . . .
compensation of such appointee is to be paid
for, ; . . out of or from public funds. . .-
It is patent that your first question must be
answered in the .affirmative. The statute clearly prohibits
a member of one.House of the Legislature from hiring a rel-
ative (within the restricted degrees of relationship) of
a member of either House of the Legislature when such em-
ployee is to be paid from public funds. Article 433 of
the Penal Code expressly provides that "members of the
Legislature" are subject to the inhibitions of Article 432.
The office of Speaker of the House of Representa-
tives derives from Article III, Section 9 of the Texas Con-
stitution, which reads, in pertinent part, as follows:
II. 0 . The House of Representatives shall,
when it first assembles, organize temporarily, and
thereupon proceed to the election of a Speaker
from its own members; and each House shall choose
its other officers."
The Speaker of the House of Representatives is a
member of the House of Representatives when elected, and he
does not lose his status as a member of the House of Repre-
sentatives after becoming elected Speaker. As a member of
the House of Representatives the Speaker is prohibited by
Article 432 from appointing a relative of a State Senator
as an employee of the House of Representatives. Article
433 declares that "The inhibitions set forth in this law
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. .
Hon. Rayford Price, page 3 (M-1120)
shall apply to and include the . . . Speaker of the House
of Representatives."
We therefore answer your second question in the
affirmative, since we are convinced by a study of the leg-
islative history of the nepotism laws that Article 432 is
fully applicable to the members of the Legislature and the
Speaker of the House.
SUMMARY
Article 432 and 433, Vernon's Penal Code,
prohibit a member of one House of the Legisla-
ture from hiring a relative of a member of the
other House of the Legislature when such rela-
tionship is within the second degree by affinity
or within the third degree by consanguinity.
The Speaker of the House of Representatives is a
member of the House of Representatives and is
governed by Articles 432 and 433.
C. MARTIN
orney General'of Texas
Prepared by Robert W. Gauss
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
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Hon. Rayford Price, page 4 (M-1120)
Lonny Zwiener
Sam. L. Jones, Jr.
John Grace
J. C. Davis
SAMUEL D. McDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLAWHITE
First Assistant
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