s72
OFFICE OF THE AmORNEY GENERAL OF TEXAS
AUSllN
,
Honsreble k. J. k-yen, Jr jl
Wznlnel Qtriat. Attorney
fllllobora, Tsxcla
Dear .lrr Attention: kfr. War
TJliarlll aokn sf yeuclhttet of
Hovrraber22 1940, req ioh or this ?qmrtmat
upon the foilowing qeost
d like to hire .
la proaiaet who
other aomrb-
by the T.Tepatlam law
43s oad as, Versmn'e Annotated Penal
0; any distriot, aounty alty pre-
1 dletriot, OP othr a&oip~ rub-
t&i19 Stqte, or any effioar or pw*
bsr of any State, diatrfab wmaty, aity, eohool
diatrlot or ether muniolp~ board, or fu@e of
any oourt, arm&ad by br u&a* authority OS tiny
gsaeral or rrpeo5al1~ of tibiaBtat,e,or my mm-
ber or tba Le~iirlatuxs, s&all appeint,lor vote
ror or ooafim the appaintsent to any offloe,
poakoa, olerkskip~, aarployauntox?duty, of any
person related rrlfhk ths meaond begWe bo ef-
573
Hon. A. J. Bryan, Jr., pa@ 2
finity or within ths third degree by oonsan-
guinity to the person so appointing or so vct-
in&, or to any other membar 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 oompensaticn of such ap-
pointee is to be paid for, directly or indirectly,
out of or from public funda or fees of otiioe-of
any kind or oharaoter whatsoever. Aots 1909,
p. 06, Aote 1913, p. 149.”
“Art. 433. The inhlbltions set forth in thle
law shall apply to and inolude the Oovernor, Lieu-
tenant Governor, Speaker of the House of Repreeen-
tativee, Railroad Commiasloners, head of departments
of the State government, judges and members of any
and all Boarde an% courts established by or un%er
the authority of any general or special law of.
this state, members of the Legislature, mayore,
oommisslonere, recorders, aldermen end members
o? eohool boards of lnoorporated oities an% towns,
public school trustees, offloere an% members of
boards of managers of the State University and
OS its several branohes, an% of the various State
educational institutions an% of the various Stete
eleemosynary institutions, an% of the penitentiarier.
This enumeration shall not be held to exolude
from the operation an% efieot o? this law any
peraon included within its general provisions.*
A brother-in-law of one of the oounty oommieaionera
is relate% to that oommlaeioner by affinity in the first de-
gree. Opinion No. O-119; T. T. R. R. Company vs. Overton, 1
App. CI. O., Saotlon 333; Baker vs. RcRimmon.(T. 0. A.) 48 5.
W. 7421 Rx parte Xest, 00 Tex. Or. Rep. 4S6, 132 S. 8. 3391 2
0. J. 3’79. Such relationship ie, of oourse, wlthin the degree
prohibited by krtiole 432.
You state, “we are in doubt es to whether or not
suoh aotion would ba prohibited by the R8poCiem Law einee the
employment need not be oonfirmed by the oommissionere’ OOurt
nor vote% on b:: the Court.” We assume that the contemplated
employment 1s out of oounty funds (the County Road en% Bridge
Fund) an% under such oiroumetanoee the County ~Ommi%~iOner~'
Court must neoessarily, for It ia its duty, approve such em-
ployment . Un%er Artloles 1373 and 16d0, Vsrnob’e Annotated
civil Statutea, all claims sgainst a oounty must tirsf be ore-
sented to the oounty au%itor, if there be one, and then be
presente% to the oommissioners 1 oourt for approval or rejeotlor+
Anderson vs. Ashe, 9Q Tex:447 90 5. Vi. 874) Yantie Vt3. Montaeue
co. (I 80 Tex. Civ. App. 403, 116 5. w. 162; IIfaLeaa~n 00, vs. Miller,
237 S. w. 6SOj Bitter VS. Bexar (30.. 266 5. W. 284. Under maah
En4
Eon. A. J. Bryan, Jr., page 3
eircumstanoea it is our opinion that the employment is pro-
hibited. We have 60 held.
In opinion NO. O-272, this department held that
the employment by one county commissioner of the nephew of
another oounty oommlssloner would be e direct violation of
Articles 432 an% 433 of the Penal Code.
In opinion No. O-566, this department held that
It would be a violation of the law for a commissioner of one
preoinot to appoint.es ovaraeer the nephew of the oommiaeioner
of another precinct, or to hire a relative of another oommle-
eloner to repair meohinery when the labor Is to ba paid out
of county iun%#.
Oonsequently, It Is the opinion of this deparb-
ment, and you are.a%vise% that under Articles 432 and 433
of the Penal Uode, a county commlsaloner may not hire one
to work the roadta in his preoinot who Is a brother-in-law
of another of the aommiseionero when such employment te
pal% for out of public or oounty funda.
Very truly your6
ATTOBNlzy G-L OF TEXAS
BY
Aaslstent
APPROVECDEC 6, 1940
ATTORNEY GIiNERAL OF TEXAS