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
Untitled Texas Attorney General Opinion
Combined Opinion