Hon. Parks E. McMiohael opinion No. O-780
County Attorney Re: Whether nepotism law is
Cass County violated when the son of one
Linden, Texas of the Board of Trustees of
an independentsohool distriot
is employed by the Board to
Dear Sir: operate a school bus.
We are in receipt of your letter of May 6, 1939,
wherein you advise that the Board of Trustees of an inde-
pendent school district has employed the son of one of
said trustees to operate a school bus in the transporta-
tion of ohildren to and from school, the driver ~beingpaid
directly out of the school fund of the district. You re-
quest our opinion as to whether this oonstitutesa viola-
tion of the nepotism law.
Article 432,,Penal Code, provides as follows:
"No officer of this State, or any offi-
cer of any district, *** school district, **+
or member of any school district, *** araated
by or under authority of any general or spea-
ial law of this State, *** shall appoint or
vot,efor or uonf'irmthe appointmentto any,***
position *** employment or duty, of any person
related within the seoond degree by affi~nity,
or'within the third degree by oonsanguinity
to the person so appointingor so voting, or to
any other member of any such board *** of which
such person so appointin or voting may be a
member,when the salary,*f* or compensationof
such appointee is to be paid for, directly or
indirectly,out of or from public funds or fees
of office of any kind or characterwhatsoever.ff
Article 433, Penal Code, provides as follows:
"The inhibitionsset forth in this law
shall apply to and include *** public school
trustees."
Hon. Parks E. McMIchael, page 2,(0-780)
The case which you present falls squarelywithin
Article 432. The son is related to the father by affinity
in the first degree. The father is an officer of a school
district, being a trustee thereof. The son is appointed to
an employment under which his compensationis paid from pub-
lic funds. Every element of said Article 432 is present,
and our answer to your question is, therefore,in the af-
firmative.
Kindly permit us to express our appreciationfor
the brief furnished to us.
Yours very truly
ATTORNEY GENERAL OF TBXAS
By /s/Glenn R. Lewis
Glenn R. Lewis, Assistant
APPRPVED:
/s/ Gerald C. Mann
ATTORNEY GENERAL OF TFXAS
GRL:FG:wb