JulY 5, 1950 

Hon. Orvan B. Jones 

County Attorney 

Cherokee County 

Rusk, Texas 

Dear Sir: 

Opinion No. V-1080. 

Re: Construction of Article 

432, Penal Code, as 

amended by H. B. No. 508, 

Acts 51st Le 

1949, ch. 12 % 

e9 R.S. 

, pe 22? 

Your request for an opinion, in part, reads as 

follows: 

"Since I am unable to answer the question 

hereinafter propounded to my own satisfaction, 

I am requesting that you render an opinion on 

'such question which arises from the fact situation below stated: 

Facts: 

We have a teacher in a common school district who has taught continuously therein for 

the past four years. Said teacher has annually 

executed a contract for one year for each school 

year heretofore, and her present contract expires upon the expiration of the current school 

year. On April 1, 1950, a trustee who is the 

son of a half-brother to the grandfather of said 

teacher was elected and subsequently qualified 

for the office. 

Question: 

Can a board of trustees of a common school 

district legally re-elect a teacher who has been 

continuously smployed as a teacher in said school 

for more than two years, said teacher being the 

granddaughter of a half-brother to the father of 

a newly elected and qualified trustee on said 

board?" 

The 

provisions of 

Bill No. 508, 

from which we 

answer to 

Article 43 3 

our question is controlled by the 

Penal Code, as amended by House 

Acts 5lst L:g., ROS., 1949, cho 126, PO 227, 

quote as folloWs: 
Hon. Orvan B. Jones - Page 2 (V-1080) 

"Article 432. Nepotism 

"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 an; person rilated 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 pa 1 d for, directly or indirectly, out of or from public funds or fees of 

office of any kind or character whatsoever, provided, that nothing herein contained shall nrevent 

the anoointment, voting for&or conffrmatixx of 

y person who shall have been continuouslv eniioved in anv such office, position. clerkshis, 

emnlovraent or dutv for a period of two (2) veals 

prior to the election or annointment of the officer or member appointing, voting for..or confirming the appointment of such person to such office, 

position, clerkshiD. emplovmont or dutv. 

"Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed." (Emphasis 

added) 

All the provisions of Article 432 have been brought 

forward, word for word, in House Bill 508. The only change 

made in this article by the amendment is contained in the proviso hereinbefore emphasized by US. 

The, prohibitory provisions contained in Article 432, 

both prior and subsequent to the amendment of this Article by 

House Bill 508, first became a law March 9, 1909. (Acts 31st 

1909 ch. 40 pe 85). Since that tine this office 

~~gs'~o~sS;tently'held th& prohibited a board of school trustees from employing a teacher related within the second degree 

by affinity or within the third degree by consanguinity to any 

member of the board, when the salary of the teacher is to be 
Hon. Orvan B. Jones - Page 3 (V-1080) 

paid directly or indirectly from public funds. This long 

continued construction of these provisions applies to them 

as they appear In this Article as it now reads except in so 

far as the exception contained therein makes I$ inapplicable 

to the specific factual situation therein defined. 

The facts submitted by you, as we understand them 

to be, may be briefly summarized as follows: 

A lady teacher has been continuously employed by 

the board of trustees of a common school district for the 

past four years, including the current school year ending 

August 31, 1950, at which time her present contract will expire. On April 1, 1950 a new trustee was elected in this 

district and has quallfled in the manner prescribed by law. 

In view of these facts, it is our opinion the board 

of trustees comes within the exception contained in Article 

432, as amended by House Bill 508, and may legally re-elect 

this lady as a teacher. 

SUMMARY 

A board of trustees of a common school district may legally re-elect a teacher who has been 

continuously employed as a teacher in the district for two or more years prior to the election 

of a member of the board related to the teacher 

within the third degree by consanguinity. Art. 

432, P.C. as amended by H.B. 508, Acts 51st Leg., 

R.S. ch. 126, p. 227. 

APPROVED: Yours very truly, 

C. K. Richards PRICE DANIEL 

Trial & Appellate Division Attorney General 

Joe R. Greenhill 

First Assistant 

BY 

Bruce.W, Bryant 

Assistant 

Price Daniel 

Attorney General 

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