Hon. A. J. (Jack) Hartel Opinion No. PI- 671 

County Attorney 

Liberty County Courthouse Re: Whether a aothcr May h 

Liberty, Texas promoted to tax asscssorcollector of a s.chool district when her son is a 

member of the board of such 

district without violating 

Article 132, Vernon's Penal 

Dear Mr. liartel: Code. 

Tour recent letter to-this office requesting an 

opinion concerning the referenced matter states, in part, as 

follows: 

"The Hardin Independent School District 

ha8 had in its continuous employ, Mrs. A. E. 

Cessna, for the past six (6) years as Assistant 

Tax Assessor-Collector. This past April (1970) 

Mrs. Cessna’s son was elected to serve on the 

Board of Education of the Hardin Independent 

School District . . . 

'The Hardin Independent School District 

would like to promote Mrs. Cessna to the'job 

of Tax Assessor-Collector . . . 

"The question has been raised by a taxpayer in the Hardin Independent School District 

as to whether this would be a violation of 

Article 432 of the Penal Code, pertaining to 

nepotimn . . . 

* . . . . 

"I would appreciate your opinion as to 

whether the above-mentioned fact situation 

would constitute a violation of Article 132 of 

the Penal Code . . ." 
lion. A. J. (Jack) Hartel, page 3 (M-671) 

hold their employment, or to off ice which 

might give rise but for this amendatory Act to 

a conflict with the nepotism laws of this State 

or some municipal corportition; the fact that 

persons who have continuously served in public 

office and employment in this State prior to the 

election to some office of a relative should not 

be discharged for that reason alone: and the 

fact that the purpose of the nepotism law was 

not to oust such persons frcm legitimate employment in this State, create an emergency and an 

imperative public necessity that the Constitutional 

Rule requiring all bills to be read on three 

revere1 days in each House be and the mama is 

hereby suspendedt and this Act shall take effect 

and be in force froa and after its passage: and 

it is so enacted." Acts 52nd Leg. R.S. 1951, ch. 

97, p. 159. 

It is clear that the party involved in the instant 

fact situation may remain in her position as Assistant Tax 

Assessor-Collector, despite the fact that her son is on the 

school board, by virtue of the underscored provisions of 

the Article. 

What is at issue here is whether her promotion to a 

higher position, within the same office, would be allowable as 

being within the language of the Article relating to "such office, position, clerkship, employment or duty.' 

The statement of legislative purpose quoted in 

Section 3 of the Act, supra, evidences that the,underscored 

provisions of the Article were added to prevent a person's 

losing his job solely because a relative within,the prohibited 

degree had been elected to another public position. 

It is our opinion that the Legislature intended by 

the underscored language of the Article, supra, only that a 

person would not lose his job if a relative were elected to 

an office within the Article's purview. We cannot conclude 

that the Legislature, in view of the spirit of the other 

provisions of the Article, intended that a relative of such 

&n officeholder could be promoted to & position whereby his 

financial remuneration would be enhanced. 

In view of the foregoing, your question is answered 

in the affirmative. 

-x03- 
Hon. A. 3. (Jack) Hartel, page 2 (M-671) 

Article 432, Vernon's Penal Codi, provides dad follows: 

'No officer of this State nor any officer 

of any district county, city, precinct, school 

district, or any other municipal subdivision of 

this State, nor 4ny 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, nor any member of the 

&egislature, shall appoint, or vote for, or confirm the appointment of 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 or 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 

appointing, voting for, or confirming,the anpointment, or to the election or appointment Of 

the officer or member related to such employee 

In the prohibited degree." (Emphasis added.) 

Section 3 of the Act amending Article 432, supra, to 

include the above underscored prwisionr therein, atates that 

the reasons the Article was so amended were as follows: 

*The fact that numerous employees of the 

State and its agencies and subdivisions whose 

services are valuable to the State are .required 

to give up such employment because members of 

their family may be; from time to ~timc, elected 

to office in this State, under whom such employees 

-3LOL- 
Hon. A. J. (Jack) Hartel, Page 4 (M-671) 

Pursuant to Article 432, Vernon’8 Penal 

Code, a mother, currently employed as assistant 

.tax assessor-collector of a school dirtrict, ruy 

not be promoted to the position of tax assessorPrepared by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMJUTTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

John Grace 

Bob Flowers 

Bob Lattimore 

Arthur Ssndlin 

I4EADE F. GRIFFIN 

Staff Legal Assistant 

ALIRE WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

-3204.