Untitled Texas Attorney General Opinion

OFFICE OF THE OF FIonoreb2.eKarl Ceyton County Attommy mwaon county Lameea, T6xae the opinfon of this dope ata marrtage. opinion that they may e~~loy the e death of the janitor'swife 11evbr- uhip of niaoe and nephew @kndthe rustee will be the gxsat ~n01o of bhilUren will not preolude the btr- 9. Kay (Lrcrhoal bo6Lsdbuy gaaol%ne anb oil on the oantraot basis, eto. far the use of tha Sobool from a blood oowin of one of the xembem of the sohool bard. Honorable Karl Cayton, Page 8 the man to any position, but merely purohaae from him. "3. X89 the eohool board, give printing work to the brother of one of ths members of the aohool board. Vhutm explanatiorl and situation as in l?o. 2.” Artlale 452 or the Penal Code reads CM follarsr "Ho ofricer of this State or any otfioer of any dletrlot, oounty, city, preolnot, school dietriot, OT other muniolpal subdirlalonof thie Bets, or en9 oiiloer or member of any State, dletrlot, County, city, sohool dletriot or other munlolpal board, or Judge ot my Oourt, areated by or under authority of en9 gen- am1 br spaoiel law of thir State, or an9 ~mekberot the Lqlslaturs, shall appoint, or vote for, or oon- firm, the appointmentto an9 ofiios, position olark- #hip, aarploylaent or duty, of any person related within the reoormldegree by affinity or wltbln the third degree of oonaangulnitpto the permon 80 appointing OF so toting, or to any othbr member of any euoh board, the Lagi8kture. or oourt of rbloh auah per- son 80 appointing or voting ma9 be a nmuber, when the salary, tosa, or aompensetlonof mob appointee $8 to be paid for, dl*eotly or indlrootly,out of or rrom pub110 fund8 or fees of oSfloe of any kind or oharaa- ter whetaoever.* 3t itsolear, from reading the above ertiole, that a janitor may not be amp~oped by en lndepsndentsohool dlatrfot If he ie related to B memberof the aohool board within the reoond degree of efrinity or the third degree by oonaanguinity. 'Phemethod of ccmputing the degree of oonsangulnity is eet out In the case of Tyler Tap Railroad Comp~~9 and Douglass va. Ovsrton 1 Tax. Ct. or App., page e68, Se@. 635, wherein the OOurt s&at@48 "3~ oomputing the degree of lineal cronsen- guinity existing between two persona, every gensra- tlon ie the direct aour of'relatlonahipbetween the two parties makes a degree, and the rule ie the snme by the civil and oommon law. The mode of oomputlng Eonorabls Karl Cuyton, Pa&o 5 degrees or collateraloonsuzgtinltyst the oomwn ana by th* canon leu 15 to dlsaovsr the oomaen ancestor, to beein with hlm to reekon Ucwnwartla, and the degree the two persons, or the nere rem&e of them, iiiajstant from the anoeoton, is the degree of kindred sM@fetlng betueen thu. for IndaAoo, two broth-.r6 Ij~+e relate6 to cash other in tke Urrt degree beoauee from the father each one of thea is one degree. irzl uncle Mb Pophew are related to eaoh other in the seaond dogree, boeawo the nephew la two degree8 dietant rrom the eeumon us- oentor, and the uncle is extsnbed to the remote& degree of collateralrelatlorrship.* Degrsoe of affinity me oomputedin th a lmo 'qmner as those of oonseAgulnity. That is to say, the relrti ~of the wife ltande at the rame degree at lSflnity te t&s h 3 uld a8 they are related to the wife of oonrangulhity. Kelly vs. X0019, UX Ark. 667, 66 Am. Dac. a@@; a Cd. s7ey a 0.J. Sewa- ~UIB,ova. 9ollowlog the rule la laid davn in the Tyler Tep Ballroad Company and Douglaas oaee, rupra, the fwt6a60a rife of the man whoa8 amployaent aE jeaitor lr enticipabe&, aid the member of the aohool bosrd, bslA6 nieor and u~ole, wore nlated by oonsangPin1tyin the eeeoA6 degree. 3~ the oewe of Kelly VS. Besly, supra, alted with approval by the Court of Criminal AppsGs of Tsxam in the ease of Strin(iellow~8. State, 61 SW 719, It is held that by merrtage the xrm plaom hlm5alf in the same dagree,ot preptaquftyto al& the relatirer of his wife, alther by affinity or oonra~$uimtiy, as rho actually stands towards them. This being true, the huaban&, during t&e litetlmo of the wife, was related to the mamDsr oi the lehool board by arflnity in the seooti dogme. Doer this relstion- ship axiot after the death of the wife? Thl5 puemtion 18 anewered by the Court of Civil Appua~s in th* 0880 of Lewfe, Asea3ror, 5t al ve. O’Eair, 130 SW and 399, ao folh~wer *Death of the spouee t%XWiiAattM the relation- ship by affinity! II, however tha maEbSaQfbha8 rerulted in ierue uho are rtlil living; the rati- tlonsfilpbj’arilnlty contlnues.n Also eee P C.J. 879i Strln@d.low vs. State, 6J.sv1919; Page v6. State, 22 Tzras hpp. 831. Honorable Karl Cayton, Pm@ 4 Thl;:will a&vise you that your tir8t queetion ir answered in the negative. Rith reference to your scorn& and third que8tlon8, it UQ~ olearly the intention of thatk3islature in ennot- Article &V!, supra, to prohibit the employmentof perrona re- lated within tho prohibiteddegree, froicrentlering por8enal sonice whloh senloe8 were to be paid for, direotlr or in- directly, from publio funds. The servloer to be reatIere6irr eaop of the lnetanceereferred to in your second and third quefstione are not personal servloe8,but atiegood8 or merslma- diet8to be delivered in co~~plianoe with a oontraet to be enter- d into b&n-en th? sohool board and the ra8peatlveindividuals e8 lmiependentoontrectorn. The oontraotor8are net under the parsonal auper~lslon or the ummbers of the board, and the bear4 is not interartedin how the obligatlan orsated by the oontradt is aimbarged, but are only lntareatadln the rem108 obtainok Nor do we believe the oontraat rererred to in hour letter, is atreated by Artlale 303 of the Penal Oode, a8 the oontraot rererml to In that artlole are oontraot8 in tilah the county or city orrlosr ha6 a protlnlaryintoro8t,and h88 nothing,v?hataaeverto do with the so-called 9Iepotlu* law, E+Wore, it 18 the oglnloa of.tlpio departmentthat your sroond &xl third questtons should be answered ln the arrirmatlre. Trusting that the above 8atlsfectoTllyumfer8 your question,we remain Very truly your8 #i'TORliEY OEB?ERALOB TXAS BY r#26LA& . D. Burla Dad88 Ati8i8tWLt APPROVE OPINDN COMMIR’E B4!E! c