Texas Attorney General Opinion: O-5810 Page: 3 of 3
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Hon. F. M. Law - Page 3 (0-5810)
The last sentence of the first paragraph of Section 2
copied above should be eliminated and the following paragraph substi-
tuted in lieu of it:
"According to common law, the first degree of
consanguinity would be father, mother, sister, brother,
daughter or son; the second degree, uncle, aunt, niece,
nephew, grandson, granddaughter, grandfather, grand-
mother and first cousin; the third degree great-uncle,
great-aunt, great-niece, great-nephew, great-grandson,
great-granddaughter, great-grandfather, great-grand-
mother and second cousin. Degrees of affinity are com-
puted in the same manner."
Subsection (a) of Section 2 is a declaration of policy and
is not legally objectionable except in so far as it authorizes reappoint-
ments of persons related in the prohibited degree to members of the Board
of Directors, We suggest that the exception in this paragraph be amended
by inserting after the word "relatives" the following: "other than those who
are related to any members of the Board of Directors within either of the
degrees named in Article 432 of the Penal Code."
The same provision, just quoted, should be inserted after
the word "employment" in subsection (c).
When the prohibited relationship first comes into exist-
ence after the contract of employment has been entered into, the existing
contract is not affected but any reappointments or new contracts thereaf-
ter are prohibited. See our Opinion No. 0-1408, a copy of which is attached.
There is nothing in the Appropriation Bill for Educational
Institutions for the biennium which ends August 31, 1945, which prohibits
the employment of both husband and wife. A. & M. College is not affected
by Section 21 of the Departmental Appropriations Bill which prohibits the
employment of both husband and wife in "those departments named in this
act and the Soil Conservation Board." See Opinion No. 0-5536, approv~W
August 21, 1943, copy of which is attached hereto.
Trusting that the foregoing answers your inquiry, we are
Approved FEB 25, 1944 Yours very truly
/s/ Grover Sellers ATTORNEY GENERAL OF TEXAS
Attorney General of Texas
/s/ Fagan Dickson
By Fagan Dickson
Assistant
FD:BT/cm APPROVED OPINION COMMITTEE
By /s/BWB
Chairman
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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/m1/3/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.