- 

THEA~~RNEY GENERAL 

OFTEXAS 

AUSTINX,,TEXAR 

Dr.~C.W. Butler. Jr. 

Member, Texas Prison Board 

Crockett, Texas 

Dear Sir: Opinion No. O-110 

Re: Employment of relatives in Texas 

Prison System. 

Your request for an opinion on the following stated 

questions has been received by this office. 

Your letter reads, in part, as follows: 

"1 ,* 13 it legal for a son-in-law of the 

warden of the Texas Prison System to work as 

Recreational Director and being paid from 

the Recreational Fund (A fund created from 

the revenue from gate receipts of the rodeo 

and commlssiarg, etc.) if~.and when he is employed by the General Manager or Prison 

Board, however, he, the son-in-law takes 

orders from the tiarden as well as others who 

are employed in the Texas Prison System, but 

are his supervisors? This Recreational Ufficer is located at Huntsville"'at the walls 

under the supervision of the warden and management. 

"2 . * * * * *" 

With reference to your second questlon, it is necessary 

that we have additional Information which we are requesting in 

a letter that follows. 

"3 . Is it legal for a Prison Board memberto keep an inmate, or convict, at his, 

the Board member's residence or home, to cook, 

as a,yard boy, driver of his car, or cars, 

and not for personal gain or to work for profitfrom the Inmate's earnings? The Board 

member furnishes food and quarters (Board and 

room) for the inmate and may, or may not, buy 

the inmate's clothing. This act of keeping 

the inmate at the Board member's home or res- 
- 

Dr. C.W. Butler, Jr., page 2 O-110 

idence is to be with the consent and approval 

of the management, if it is legal to keep said 

Inmate at the~Board member's home or residence, 

then is it necessary to have the consent and 

approval of the Texas Prison Board before keepiug said inmate,,or will the consent and approval of the General Manager OP the management 

be sufficient and legal? 

n4. Is there any Special Law pertaining 

to the employment of relatives in the Texans 

Prison System other than any other Governmental 

Department in Texas? 

"5 . Is it legal for the Texas Prison Board 

to vote to accept the resignation of an employee 

of the Texas Prison System when the employee 

never did present his or her resignation, and 

in fact refused to present their resignation? 

I am not questioning the legality of the Texas 

Prison Board having the authority to fire or 

discharge an employee, but the Board's legal auauthority,to vote to accept something that never 

did exist, and further the employee refused to 

present his resignation, and the prison Board 

did not vote to fire or discharge, but to accept 

the employee's resignation." 

Articles 432 and 433 of the Penal Code read as follows: 

Article 432. "No officer of this State or 

any officer of any district, county, city, 

precinct, school district, or other mnicipal subdivision of this State, OP any offlcer or member of any State, district, county, city, school distHct or other mnicipal 

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, employement or duty, or 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 
Dr. C.W. Butler, Jr., page 3 O-110 

Is to be paid for, directly or indirectly, out of 

or from publFc funds or fees of office of any kind 

or character whatsoever. 

Article 433. "The inhibltlona set forth In 

this law shall apply to and include the Governor, Lieutenant Governor, Speaker of the Rouse 

of Representatives, Railroad Commissioners, bead 

of departments of the State government, judges 

and members of any and all Bbards and courts 

established by or under the authority of any general or special law of this state, members of 

the Legislature, mayors, commissioners, recorders, 

ald,ermen and members of school boards of incorporated cities and towns, public school trustees, 

officers and members of boards of managers of 

the State University and of Its several'branches, 

and of the various State educational lnstitutions and of the various State eleemosynarg 

institutions, and of the penitentiaries. This 

enumeration shall not be held to exclude from 

the operation and effect of this law any pe:- 

son included within its general provisions. 

Articles 6166a and 6166t3, Revised Civil Statutes, read 

as follows: 

Article 6166a. "It shall be the policy 

of this State, in the operation and management of the Prison System, to so manage and 

conduct the same in that manner as will be 

consistent with the operation of a modern 

prison system, and with the view of making 

the System self-sustaining; and that those 

convicted of violating the law and sentenced 

to a term in the State Penitentiary shall 

have humane treatment, and be given opportunity, encouragement and training in the 

matter of reformation. All prisoners shall 

be worked within the prison walls and upon 

farms owned or leased by the State; and in 

no event shall the labor of a prisoner be 

sold to any contractor or lessee to work on 

farms, or elsewhere, nor shall any-prlsoner 

be worked on any farm or otherwise, upon 

shares, except such farm be owned or leased 

by the State of Texas." 

Article 6166g. "The Texas Prison Board, 

together with the manager hereinafter pro- 
Dr. C.W. Butler, Jr., Page 4 O-110 

dad for, shall be vested with,the exclusive 

management and control of the Prison System, 

and all propertles belonging thereto; subject 

only to the limitations 'of this Act, and shall 

be responsible for the management of the affairs of the Prison System and for the proper 

care, treatment, feeding, clothing and management of ths prisoners confined therein." 

The son-in-law of the warden of the State Prison System 

was employed by the Board or General Manager, and the warden did 

not employ, appoint, or vote for, or confirm the appointment 

or employment of his son-in-law. 

OnMay 13, 1939 this department held in an opinion 

' written by D.D. Mahon, Assistant Attorney General, addressed 

to O.J.S. Ellingson, Manager, Texas Prison System, that it is 

within the power of the Texas Prison Board and the General Ranager of the Texas Prison System to discharge an employee at 

any time, and a resolution passed by the Board (a copy of 

which was sent to~the employee) and written notice from the 

General Manager to the employee is sufficient to effect such 

discharge. 

‘In view of the foregoing statutes and the opinion of 

this department referred to, you are respectfully advised that 

it is the opinion of this department that your questions should 

be answered as follows: 

Yes 

;: ,"; 

We answer your fifth questlon In conformity with opinion 

NO O-751, a copy of which is enclosed, herewith. 

Trusting that the foregoing answers your inquiries, we 

remain 

Yours very truly 

ATTORNEY GENEPAL OF TEXAS 

AW:omb:wc 

ENCL. 

APPROVED JUN 29, 1939 

s/Gerald C. Mann 

ATTORNEY GENERAL ~OF TEXAS 

By s/Ardell Williams 

Ardell~ Williams 

Assistant 

Approved Opinion Committee 

By s/RwF Chairman