**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 dlatrlot oontinuee ,r / ‘S **.; ’**  **4:; ,,&A**  **selP,ve on**  **board** arter tes,uher, whohas 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-commonschool dlatrlot in good falth, employed a young lady to teach school ln the district. hfter ,t&eaonbrdotwas made+.~approved, end the teacher had ,taUsht several months, the teacher marries e first .poualn (by”~conasngulnlty) ot a memberof ths school **-rd.** Kay the ‘ltrustee whobeoaue 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 relstsdZonorsble 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 memberoi 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 , , Fv 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
.. anygeneral **or** special law of thle State

. . . . memberaor 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 whenthe prohlblted degree or relationship between a teacher and trustee did not exist at the time the eostraot waswde, and that a contraot would not become void by a changed relntionshlp between the trustee and teacher after Said contraot waa made.

Promthe 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 mayoonplate 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 employmentsunder 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 whensaid trustee, who is a first couslh ot the teaoher’a husband, Is a memberof 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 newcontract. I-. -I.

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anorable .i. T. Frlbble, Fagc 3
.i.v &I austing that ths toregoing ruiiy h11awerspour >ff r< -mquiry , we axe Yours very truly : : ATTORNEY G!tNERAL OFTEXAS

BY
JA.Z:ddt

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