Texas Attorney General Opinion: V-833 Page: 3 of 3
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Hon. Tom McLeroy, page 3
These and other statutes evidence the meti-
culous care taken by the Legislature to prohibit pub-
lic officers of this State, including mayors and al-
dermen of cities, from appointing their near relatives
to public office or employing them in any other public
capacity, when their compensation is to be paid, direct-
ly or indirectly, out of public funds or fees of office
of any kind or character whatsoever.
A policeman of a city is a public officer.
Ex arte Preston, 72 Tex. Crim. 77, 161 S.. 115 (1913);
Yett v. Coob1i 5 Tex. 205, 281 S.V. 837 (1926). The
Tib~tions set forth in Article 432 apply to mayors
and aldermen of cities incorporated under Title 28,
Chapters 1-10, V.C.S. Brothers are related to each
other with the first degree of consanguinity, and, as
stated by you, come within the prohibited degree of
relationship defined in Article 432. The brother of
an alderman, if appointed to the office of city police-
man by the city council, will .be compensated for his
services from public funds and fees of office.
In view of the facts recited and the plain
provisions of the statutes cited, it is the opinion
of this office that such an appointment cannot law-
fully be made.
The city council of a city incorpor-
ated under Title 28, Chapters 1-10, VoC.S.,
cannot lawfully appoint a brother of an
alderman of the city to the office of city
policeman and compensate him for his ser-
vices from public funds of the city or fees
of office of any kind or character whatso-
ever. Arts. 432-437, VoP.C.; Art. 5906,
Very truly yours
APPROVED: ATTORNEY GENERAL OF TEXAS
ATTORNEY GENERAL Bruce . Brya
BWB : amm
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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/m1/3/: accessed November 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.