Untitled Texas Attorney General Opinion

Honorable Homer D. Eck County Auditor Fayette County La Grange, Texas Dear SFr: Opinion NO. 0-6337 Re: Whether a county commissioner may employ, in his precinct, a person who is married to a first cousin of another county cqmmlssioner. Your r&quest for an opinion from this department upon the above stated question has been received. We quote from your letter as follows: "I should appreciate your oplnlon whether a County Commissioner may employ, ln his pr'eclnct, a person who married a first cousin of another County CommLssloner." Article 432 of the Penal Code provides that: 'No officer of this State or any officer of any district, county, city precinct, school dis- trict, or other mnicipal subdivision of this State, or any officer or member of any State, district, county, city, school district or other mnlclpal board, or judge of any court, created by or under authority of any general or special law of this State, or any member of the Legislature, shall ap- point, or vote for, or confirm the appointment to any office, position, clerkship, employment or duty, of any person related within the second de- gree of affinity or within the third degree by consanguinity to the person ao appointing or so votlng, or to any other member of any such board, the Legislature, or court of which such person so appointing or voting may be a member, when the salary, fees, or compensation of such appointee Is to be paid for, directly or indirectly, out of or from public funds or fees of office of any kind or character whatsoever." ” c Honorable Homer D. Eck, page 2 o-6337 First cousins are related within the second degree, either by consanguinity or afflnlty. Therefore, the person who marrled the commissioners' first cousl~n Is related to the com- missioner "within the second degree of afflnlty." The act of a county commissioner in employing a person to be paid out of or from public funds Is the act of the com- missioners' court, so a county commissioner is prohibited from employing a person related within the prohibited degree to any member of the commissioners' court. It Is the oplnlon of this department that a county com- missioner cannot employ a person who Is related to a county commissioner of the same county, by reason of having married a first cousin of such commissioner. Very truly yours, ATTORNEY GENERAL OF TEXAS By s/Fred C. Chandler Fred C. Chandler Assistant FCC:db:wc APPROVED FEB 8, 1945 s/Grover Sellers ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/BWB Chairman