OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

I AUSTIN 

QROVER SELLERS 

ATTORNEYGENLRAL 

Honorable A. T. Dribble 

county Rttorney 

Lmls County 

Goldthwelte, Tams 

Dear Sir: 

Re: ahether napotism”~~qtatute 

(Art. 432 P.C:i ls%vlolated 

.~4ilbn trustee o?~oomikm 

>-’ school dla trlot oontinuee 

,r /‘S 

.;’ 4:; 

,,&A selP,ve on board arter 

tes,uher, who has taught 

*i.*, -1 ssvetal months under conY--Y 

‘Ti .tr&t’ with Board, marries 

said trustee’s flrat oousln 

,/ “I* 

Re era ;& rs&&t& 

questing the o 

matter. Your P 

lnlon’of this departmeat on the ebove stated 

etbar, In per*, reeds as follows: 

*., ^‘\ 5 i 

,“lAt the beginning of the sohool year the trustees 

aa a- common school dlatrlot in good falth, employed 

a young lady to teach school ln the district. hfter 

,t&e aonbrdotwas made+.~approved, end the teacher had 

,taUsht several months, the teacher marries e first 

.poualn (by”~conasngulnlty) ot a member of ths school 

-rd. Kay the ‘ltrustee who beoaue so related to the 

teeohex~ lawfully continue to serve on the school 

boa 

in part, es follows: 

Vernon’s Annotated Fens1 Code, reads, 

%o ofrlaer 0r this State or any orrlcsr 0r any 

. school dlstrlot shall appoint; or vote 

SoG,‘or oonrlrm the appoinL& to any 0rri0e, position, 

clerkship, employment or duty, of any person relstsd 
Zonorsble A. T. blbble, Page 2 

within the second degree by arflnlty or within the 

third degree by oonsaagulnfty to the person 80 ep- 

&'Ointill~ or so voting, or to any other member oi 

any such boerd, . . . . or whloh such person so 

appointing or voting my be a nembar, when the 

salary, rats, or cospensatlon of such appointee 

is to be paid for, directly or indirectly, out or 

or from pub110 runda or reea 0r orrice or any kind 

or chareoter whatsoever , , F v 

Article 433, Vernon’s Anrotated Penal Code, reads, 

in part,. ea/rollowe: 

The inhibitions set forth ln this law shall 

apply to and Include . i . . . members of any and all 

Boards . . eatabllshed by or under the authority oi .. 

any general or special law of thle State . . . . 

membera or school boerda of lacorporeted oltles and 

towns, publio school trustees . , . . .(I 

Heretotore, thia departient has passed on questions 

sixllsr to that raised by your inquiry. In opinion No. 0-667 

thie d6PRrtm6nt hold that Axtlcle 432 of the Penal Code was 

satisfied when the prohlblted degree or relationship between 

a teacher and trustee did not exist at the time the eostraot 

was wde, and that a contraot would not become void by a 

changed relntionshlp between the trustee and teacher after 

Said contraot waa made. 

Prom the facts stated in your letter, it la apperent that the prohibited degree of relstlohshlp between the 

teacher and trustee did not exist et the tlse the teaching 

contreat was made. It la therefore the oplnlon of this dapsrtment, that the teaoher may oonplate the term of the present 

contract without the resignation of ahid trustee, since the 

Prohibited degree of relationship did not exist at the time 

of the employment sunder the contreot. However, It la our 

opinion that Artlcles @2-433, P.C ., would be violated should 

the board of trustees and said teacher make a new oontraot 

when said trustee, who is a first couslh ot the teaoher’a 

husband, Is a member of the board of trustees, for the proklblted degree of relationship (second degree by efffnftY) 

would exist at the tiam of the employment of said tescher 

under such new contract. 

I-. 

-I. . -. __,~ ,.._ -- :._ 
1 ; .,. 

I .1 

anorable .i. T. Frlbble, Fagc 3 

.i.v 

&I austing that ths toregoing ruiiy h11awers pour 

>ff 

r< 

-mquiry , we axe 

Yours very truly 

: 

: ATTORNEY G!tNERAL OF TEXAS 

BY 

JA.Z:ddt 

;L -. :. 

_.