The opinion
L~~IW,-IN 11. %,SXAB
PRICE DANIEL
ATTORNEYGENERAL
July 13, 1949
Ron. Robert W. Hillln Opinion No. V-853.
District Attorney
1st Judicial District Ret The legality of appointment
Jasper, Texas of the half-brother of an
independent school district
trustee as tax assessor-
collector for the district,
Dear Sir, under the submitted facts.
You have requested 9 opinion relative to the
constructlon of Articles 432-435, V.P.C. (Nepotism Law).
In connection with the request you submitted the follow-
l.ng facts:
"Recently a Ur. Yeager was duly elected
to the Board of Trustees of the Brookeland
Independent School District, but before he
qualified as such, his half-brother was ap-
pointed by the Board of Trustees as Tax As-
sessor Collector for the District. Since the
&ppointment of the Tax Assessor Collector Mr.
Yeager has qualified as trustee and is now a
duly elected and qualified member of the
Board. The question has arisen as to whether
or not this constitutes a violation of the
nepotism laws Article 432-435 lnclusives P.C.
1925 since Yeager will be a duly elected and
qualified trustee and will necessarily have
to approve the account of the compensation of
a Tax Assessor Collector.”
In answer to our request for additional lnfor-
mation you have informed us that the half brother of the
newly elected trustee qualified as tax assessor-collect-
or of the school district prior to the time the newly
elected member qualified as a member of the board of
trustees.
Article 432, V.P.C., as amended by 11. B. 508,
Acts of the 51st Legislature, 1949, provides%
Hon. Robert W. Hillin, page 2 (v-853)
“No officer of this State or any officer
of any district, county, city precinct, school
district, or other municipal 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 member of any
such board, the Legislature, or court of vhlch
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 vhat-
soever; provided, that nothing hereln contaln-
ed shall prevent the appointment, voting for,
or confirmation of any person who shall have
been continuously employed in any such office,
position, clerkship, employment or duty for a
period of two (2) years prior to the election
or appointment of the officer or member ap-
pointing, voting for, or confirming the ap-
pointment of such person to such office, posi-
tion, clerkship, employment or duty.”
It was held in Attorney General’s Opinion No.
V-184 that the election of a school trustee who Is re-
lated within the prohibitive degree to the teacher who
had been previously employed would not operate retro-
actively to void the contract. Attorney General’s Opin-
ion Ho. V-184 followed the holding in Attorney General’s
Opinion No. O-6330, which held that the Nepotism Laws
were not violated where the prohibitive degree of rela-
tionship between the teacher and trustee did not exist
at the time the teaching contract was made and that the
teacher could complete the term of the existing contract
without resignation of the trustee in question since
the prohibitive degree of relationship did not exist at
the time of the employment. It was further held, how-
ever, that any new contract made between the Board of
Trustees and the teacher In question would be invalid
as in violation of Article 432, V.P.C.
Ron. Robert W. Rlllln, page 3 (V-853)
Since the half-brother o? the newly elected
member of the board of trustees was appointed and qual-
ified as tax assessor-collector for the independent
school district prior to the time the newly elected
member of the board qualified as trustee for the dls-
trict, you are advised that the action of the board of
trustees of the Brookeland Indepbndent School District
appointing the half-brother of the newly elected member
of the board, did not violate the provisions of Article
432, V.P.C.
SlJRMARY
When a person is appointed tax assessor-
collector of an Independent school district
by the board of trustees of such district and
qualifies prior to the time a newly elected
member of the board to whom he Is related
within the prohibitive degree qualifies as
member of the board of trustees, there has
been no violation by the board of Article
432, V.P.C.
Yours very truly,
ATTORDEYG~LOFTRXAS
4/%iee
JR:bh Assistant
APPROVED
?k
@
FIRST ASSISTART
ATTORRRYGEI[ERAL