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THEA~~RNEY GENERAL OFTEXAS
AUSTINX,,TEXAR

Dr.~C.W. Butler. Jr. Member, Texas PrisonBoard Crockett,Texas
Dear Sir: OpinionNo. O-110 Re: Employment of relatives in Texas Prison System. Your request for an opinion on the following stated questions has been receivedby this office.

Your letter reads, in part, as follows: "1,* 13 it legal for a son-in-lawof the warden of the Texas Prison System to work as RecreationalDirector 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 otherswho are employed in the Texas Prison System, but are his supervisors? This Recreational Ufficer is located at Huntsville"'at thewalls under the supervisionof the warden and management. "2

. * * * * *" With reference to your second questlon, it is necessary thatwe have additional Informationwhich we are requesting in a letter that follows.

"3. Is it legal for a PrisonBoard 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 forpersonal gain or to work for profitfrom the Inmate's earnings? The Board member furnishes food and quarters (Boardand 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 Inmateat the~Boardmember's home or residence, then is it necessary to have the consent and approval of the Texas PrisonBoard before keepiug said inmate,,orwill the consent and approval of the General Manager OP the management be sufficientand legal? n4. Is there any Special Law pertaining to the employmentof relatives in the Texans Prison System other than any otherGovernmental Department in Texas? "5

. Is it legal for the Texas PrisonBoard 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,tovote to accept somethingthat never did exist, and further the employeerefused to present his resignation,and the prison Board did not vote to fire or discharge,but to accept the employee'sresignation." 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, schooldistrict, or othermnicipal subdivisionof this State, OP any offlcer or member of any State, district, county, city, schooldistHct or othermnicipal board, or judge of any court, createdby or under authority of any general or special law of this State, or anymember of the Legislature, shall appoint, or vote for, or confirm the appointment to any office,position, clerkship, employement or duty, or any person relatedwithin the seconddegree by affinity or within the third degree by consanguinity to the person so appointing or so voting, or to any othermember of any suchboard, the Legislature, or court of which suchperson so appointing or voting may be a member,when the salary, fees, or compensation of such appointeeDr. 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 characterwhatsoever. Article 433. "The inhibltlona set forth In this law shall apply to and include the Governor, Lieutenant Governor, Speaker of the Rouse ofRepresentatives,Railroad Commissioners,bead of departments of the State government, judges and members of any and all Bbards and courts establishedby orunder 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 shallnot be held to exclude from the operationand effect of this law any pe:- son includedwithin its general provisions. Articles 6166a and 6166t3, Revised Civil Statutes, read as follows:

Article 6166a. "It shallbe the policy of this State, in the operationand management of the Prison System, to so manage and conduct the same in that manner as will be consistentwith 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, encouragementand training in the matter of reformation. All prisoners shall be worked within the prison walls andupon farms owned or leasedby 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. "TheTexas Prison Board, togetherwith the manager hereinafterpro-Dr. C.W. Butler, Jr., Page 4 O-110



### dad for, shallbe vestedwith,the exclusive managementand control of the Prison System, and all propertlesbelonging thereto; subject only to the limitations 'ofthisAct, 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 employedby theBoard 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, AssistantAttorney General, addressed to O.J.S. Ellingson,Manager, Texas Prison System, that it is within the power of the Texas PrisonBoard and the General Ranager of the Texas Prison System to discharge an employee at any time, and a resolutionpassedby theBoard (a copy of which was sent to~the employee)and written notice from the General Manager to the employee is sufficientto effect such discharge.

‘In view of the foregoing statutes and the opinion of this department referred to, you are respectfullyadvised that it is the opinion of this department that your questions should be answered as follows:

Yes ;: ,";

We answer your fifthquestlon In conformitywith opinion
NO O-751, a copy ofwhich is enclosed,herewith.

Trusting that the foregoing answersyour inquiries,we remain
Yours very truly ATTORNEY GENEPAL OF TEXAS AW:omb:wc ENCL. APPROVED JUN 29, 1939 s/GeraldC. Mann ATTORNEY GENERAL~OFTEXAS By s/ArdellWilliams Ardell~ Williams Assistant Approved Opinion Committee By s/RwF Chairman