OFFICE OF THE AHORNEY GENERAL OF TEXAS
AUSTIN
Honorable John C. Marburger
county Attorney
Fayette County
LB Orange, Texas
Dear sir:
gent uhose wife
ty county district
ted Mamh 19, 1941,
considered. we quote
on on the Sof-
to be acme contention that
Court would not be author-
illi.nsursnoesrolnthis
e his~vlfe is a deputy
.; receives her pay~as such.
',
b,.:.
;a.':.
,~'
"St keems to me that there Is no pro-
)1 hibition of any kind vhlch vould prevent the.
:zzpz OS such lasuranoe Srom this Insurance
.,.~ It ceFtainlp 'is not 8 violation of
of our Nepotism lav (Articles
38 P. G.), nor any other statutory law
Honorable John C. Marburger, Page 2
or judlalal rulFng of thin state. I have
been unable to find any direct euthorlt!es
on thle point, but it 1.9my opinion that
the Commiesloners Court could.l.egsllypv.r-
chase Insurance for build,l.ngs
zuulproperty
belonging to the county even though the
vise of such insurance salesmen js a deputy
County Clerk."
I
Article 43%: Fonnl Code 01'Texas, reads as follows:
"No officer of this State or any of-
ficer of any dlstrl.ct.county, city, pre-
cinct, school district, or other mun~clpal
subdlvlsion of this State, or any officer
or member of any State, district, county,
city, school district or other munlclpal
board, or judge of any court, created by -
or under authority of eny general or special
law of this State..or any member of the Leg-
islature, shall appoint, or vote for, or
confirm the appointment to any oSfice,.pos!.-
tion, clerkship, employment or duty, OS any
pereon related vithin the second degree by
~affinity or vithln the third degree by con-
sanguinity to the person so appointing or
so voting, or to any other member OS any
such board, the Legislature, or court of
which such person 80 appointing or voting
may be a member, when the salary, Sees, or
compensation of such Appointee is to be paid
for. directly or indirect1 out of or from
pub& funds or fees of ofF ice of any kind
or &aracter vhateoever."
From the facts given in your request, we are of the
opinion that the agent and the members of the commlzwloners'
court are not prohibited by the terms of the lOepotismLav of
the State of Texas Srom entering into a Contract for the pur-
chase of insurance to cover county buildings. Neither do we
think that there is any prohibition under the Nepotism Law
that the wife of the agent is a deputy county olerk of the
county.
Honorable John C. Marburger, Page :,
We trust thnt we have Sully unsvered your inquiry.
Yours vmy truly
ATTORIiZYGFXERAL OF TEXAS
&l#L-q 2zJ7s-
liaroldMcCracken
Assistant