OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
I
QROVER SELLERS
ATTORNEYGENLRAL
Honorable A. T. Dribble
county Rttorney
Lmls County
Goldthwelte, Tams
Dear Sir:
Re: ahether napotism”~~qtatute
(Art. 432 P.C:i ls%vlolated
.~4ilbn trustee o?~oomikm
>-’ school dla trlot oontinuee
/‘S,r ,,&A selP,ve on board arter
.;’ 4:; tes,uher, who has taught
ssvetal months under con-
*i.*, -1 .tr&t’ with Board, marries
‘Ti said trustee’s flrat oousln
Y--Y
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Re era ;& rs&&t&
questing the o lnlon’of this departmeat on the ebove stated
matter. Your Petbar, In per*, reeds as follows:
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,“lAt the beginning of the sohool year the trustees
aa a- common school dlatrlot in good falth, employed
a young lady to teach school ln the district. hfter
,t&e aonbrdotwas made+.~approved, end the teacher had
,taUsht several months, the teacher marries e first
.poualn (by”~conasngulnlty) ot a member of ths school
-rd. Kay the ‘ltrustee who beoaue so related to the
teeohex~ lawfully continue to serve on the school
boa
Vernon’s Annotated Fens1 Code, reads,
in part, es follows:
%o ofrlaer 0r this State or any orrlcsr 0r any
. school dlstrlot shall appoint; or vote
SoG,‘or oonrlrm the appoinL& to any 0rri0e, position,
clerkship, employment or duty, of any person relstsd
Zonorsble A. T. blbble, Page 2
within the second degree by arflnlty or within the
third degree by oonsaagulnfty to the person 80 ep-
&'Ointill~ or so voting, or to any other member oi
any such boerd, . . . . or whloh such person so
appointing or voting my be a nembar, when the
salary, rats, or cospensatlon of such appointee
is to be paid for, directly or indirectly, out or
or from pub110 runda or reea 0r orrice or any kind
or chareoter whatsoever , , F v
Article 433, Vernon’s Anrotated Penal Code, reads,
in part,. ea/rollowe:
The inhibitions set forth ln this law shall
apply to and Include . i . . . members of any and all
Boards . . eatabllshed by or under the authority oi ..
any general or special law of thle State . . . .
membera or school boerda of lacorporeted oltles and
towns, publio school trustees . , . . .(I
Heretotore, thia departient has passed on questions
sixllsr to that raised by your inquiry. In opinion No. 0-667
thie d6PRrtm6nt hold that Axtlcle 432 of the Penal Code was
satisfied when the prohlblted degree or relationship between
a teacher and trustee did not exist at the time the eostraot
was wde, and that a contraot would not become void by a
changed relntionshlp between the trustee and teacher after
Said contraot waa made.
Prom the facts stated in your letter, it la apper-
ent that the prohibited degree of relstlohshlp between the
teacher and trustee did not exist et the tlse the teaching
contreat was made. It la therefore the oplnlon of this da-
psrtment, that the teaoher may oonplate the term of the present
contract without the resignation of ahid trustee, since the
Prohibited degree of relationship did not exist at the time
of the employment sunder the contreot. However, It la our
opinion that Artlcles @2-433, P.C ., would be violated should
the board of trustees and said teacher make a new oontraot
when said trustee, who is a first couslh ot the teaoher’a
husband, Is a member of the board of trustees, for the pro-
klblted degree of relationship (second degree by efffnftY)
would exist at the tiam of the employment of said tescher
under such new contract.
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anorable .i. T. Frlbble, Fagc 3
.i.v
&I austing that ths toregoing ruiiy h11awers pour
>ff -mquiry , we axe
r<
Yours very truly
:
: ATTORNEY G!tNERALOF TEXAS
BY
JA.Z:ddt
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