Texas Attorney General Opinion: V-833 Page: 2 of 3
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Hon. Tom McLeroy, page 2
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 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."
Article 433, VoPOCo, specifically provides
that the provisions of this law (Arts. 432 through
437, V.P.C.) shall apply to and include mayors, com-
missioners, recorders, and aldermen of incorporated
cities and towns.
Articles 435 and 437, V.PoCo, read respec-
tively as follows:
Art. 435. "No officer or other person
included within the third preceding Article
shall approve any account or draw or author-
ize the drawing of any warrant or order to
pay any salary, fee or compensation of such
ineligible officer or person, knowing him
to be so ineligible."
Art. 437. "Whoever violates any pro-
vision of the five preceding Articles shall
be guilty of a misdemeanor involving official
misconduct, and shall be fined not less than
One Hundred nor more than One Thousand Dollars."
Article 5906, voC.S., in part, provides:
"Whoever violates any provision of the
Penal Code relating to nepotism and the in-
hibited acts connected therewith shall be
removed from his officee , clerkehip employ-
ment or duty, as therein provided.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-833, text, May 31, 1949; (texashistory.unt.edu/ark:/67531/metapth265652/m1/2/: accessed November 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.