Texas Attorney General Opinion: O-5810 Page: 1 of 3
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GROVER SELLERS VI 1. E
Honorable F. l. Law
President, Board of Directors
Agricultural & Mechanical College of Texas
College Station, Texas
Dear Sir: Opinion No. 0-5810
Re: Validity under Nepotism Stat-
ute (Art. 432, Penal Code) of
Ch. 3, Sec. 2 of Rules and Regu-
lations of A. & M. College.
We acknowledge receipt of your letter of January 14, 1944,
enclosing copy of Chapter 3, Section 2 of the Rules and Regulations of A. &
M. College, recently adopted by the Board of Directors. The enclosure
reads as follows:
"Chapter III, Section 2. Appointment of Relatives.
"Whenever an appointment is made either on a
full-time or a part-time basis, it shall be made solely
with regard to ability and fitness of the appointee subject
to Penal Code 1925, Articles 432, 433, 434, 435, 437, and
the Revised Civil Statutes of 1925, Article 5996, and amend-
ments thereto, and any other applicable law. Relatives of
any person in anywise connected with their employment or
supervision shall not be employed by the College. Relative
in the following paragraphs is defined as a person related
within the second degree of affinity and third degree df con-
sanguinity, according to common law. According to common
law, the first degree of consanguinity would be father, son
or brother; the second degree grandfather, grandson, uncle,
first cousin or nephew; the third degree great-grandfather,
great-grandson, great-uncle, great-uncle's son, second cous-
in, son of first cousin, son of nephew or brother's grandson.
Degrees of affinity are computed in the same manner.
"a. No relative of a member of the Board of Di-
rectors, President, Vice-president, Presidential assistants,Deans, Directors, Business Manager, or Heads of Depart-
ments of the College will be considered for appointment,
except that such relatives will be considered for reappoint-
ment when the original appointment was antecedent to pass-
age of the pertinent statute in question, or to assuming a po-
sition listed above, or to membership on the Board of Direct-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5810, text, February 25, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263089/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.