July 23, 1949.
Hon. Stuart B. Ltmpkins oplnlollHo. v-861.
Cdunty Attorney
lulls county Be: The authority of the
waxahaohle.Texao canniaaionera court
to employ the eon ef
the County Road in-
eei- on road jobs s”p
o
Bear Mr. LumpklQ8r the CopEtJ.
Your request for an opinion relating to the
HeepotiamLaw is predioated upon the f+ollowingquoetioat
"cttnthe county comnl66Ioner6'court lo-
gay -109 the chw ~bre~rrti~eofricds 8011
on the rod4 obs of the County where the Ooun- ,,
ty has quail.
Jied under the Optional Road Law
of 1947, Art. 6716-1, Civil Statutes?*
Xt Is assumed that your request hae reference to the
C!;!Ey Road m@neer instead of the Chief Executive Or-
.
Artlale 432, V.P.C., as amended by H.B. 508,
- 5lst liegislature,cormnonlyreferred to as the Ilspotlsm
Lav, la as follovsr
%a0 offioer of tws State m w oitiaer
of eny dirtrgct, eotuaty,bity, preclnot,
sohool dl8trlct, or other municipal subbivl-
alon of thld State, or any officer or member
of any State, dlstriot, oounty, olty, school
district or other munloipal board, or judge of
any court, created by or under authority of
any Oeneral or Special Lav of this State, or
any Member of the Legislature,shall appoint,
or vote for, or conflrm the appointment to any
office, position, clerkship, employment or du-
ty, of any person related within the second
degree by afilnity or within the third degree ,..
by coneanguinltgto the person so appointing
or so voting, or to any other member of any
such board, the Legislature, or court of which
such person 80 appointing or voting may be a
. .c
Ron. Stuart B. Lumpklns, page 2 (V-861)
member, when the salary, fees, or compensation
of such appointee Ia to be paid for, directly
or indirectly,out of or from public fund6 or
fees of office of any kind or aharactorvhat-
soever; provided that nothing herein contained
shall prevent the appoIntrsnt,voting for, or
confirmationof any person who ah&U have been
continuouslyemployed in any such office, po-
clerkshl employmentor duty ror a
;..ition,
period of two (27'years prior to the election
or appointment of the officer or member appolnt-
lng, voting for, or confIrmIngthe appoFnt.ment
of such person to such office, position, clerk-
ship, employment or duty.
In Attorney General's Opinion No. V-537, dated
April 9, 1948, a copy of which is herewith enclosed,
this office stated that the County Road Engineer, ap-
pointed pursuant to the provisionsof the Optional Coun-
ty Road Lew of 1947, is a public officer. It was fur-
ther stated that neither the CommlsslonerstCourt nor
any of Its members are authorized to hire or fire any
county road personnel vlthout the approval and consent
of the County Road Engineer.
By reason of the forey? it j.8our opinion
that the Comm18810ner8tCourt o Bl is County may not
legally employ the 8on of the County Road~R@.neer on
road jobs in said county. Thereiore, your question
should be ansvered in the negative.
SUMNARY
The ConnalssloneralCourt of Ellis County
tutynot legally employ the uon of the County
Road Hnglneer on road jobs In eaid County In-
aamch a8 the same Is prohibited by the tawJ
of Artlole 432, V.P.C. (RepotlrrLaw).
very truly youra,
APPROVED ATTORREYORRBIULOFTBXAS
z.A=--+f-
e
FIRSTASBI~AB'P $?!s--aJ
AlTOlUK!f
Q- Bumpall Ualdrep
AlHlatant
mtbh