Texas Attorney General Opinion: O-5810 Page: 2 of 3
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Hon. F. M. Law - Page 2 (0-5810)
"b. No person shall be initially appointed even
temporarily when a relative on the College Staff must act
in some official capacity on the appointment.
"c. Relationship brought about by marriage after
appointment is no bar to continuance of employment, but
no person shall be initially appointed whose husband or wife
is employed by the College.
"d. Relationship shall not bar appointment to an
honorary non-remuneration position."
Your question is as follows:
"Will your Department kindly advise if this chap-
ter as written is legal in every respect and, if you find that
it is not legal in every respect, will you kindly advise us in
what respects it is not legal?"
The Statute involved is Article 432, Vernon's Annotated
Penal Code, which reads as follows:
"No officer of this State or any officer of any dis-
trict, county, city, precinct, school district, or other muni-
cipal subdivision of this State, or any officer or member of
any State, District, county, city, school district or other
municipal 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 appoint, or vote for, or
confirm the appointment to any office, position, clerkship,
employment or duty, of any person related within the second
degree by affinity or within the third degree by consanguinity
to the person so appointing or so voting, or to any other me m-
ber of any such board, the Legislature, or court of which such
person so appointing or voting may be a member, when the sal-
ary, fees, or compensation of such appointee is to be paid for,
directly or indirectly, out of or from public funds or fees of of-
fice of any kind or character whatsoever."
Article 433, Vernon's Annotated Penal Code extends the
provisions of the above article to "officers and members of boards of man-
agers of the State University and of its several branches."
In passing on your resolution, we make a distinction be-
tween declarations of policy and statements of law. Your regulation in
some respects is broader than the nepotism statute above quoted, and to
that extent it is a declaration of policy. There is nothing legally objec-
tionable to such declarations of policy on behalf of your Board of Directors.
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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/m1/2/?q=+date%3A1941-1945: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.