July 23, 1949. 

Hon. Stuart B. Ltmpkins 

Cdunty Attorney 

lulls county 

waxahaohle. Texao 

oplnloll Ho. v-861. 

Be: The authority of the 

canniaaionera court 

Bear Mr. 

Heepotiam 

LumpklQ8r 

to employ the eon ef 

the County Road ineei- on road jobs s”p o 

the CopEtJ. 

Your request for an opinion relating to the 

Law is predioated upon the f+ollowing quoetioat 

"cttn the county comnl66Ioner6' court logay -109 the chw ~bre~rrti~e ofricds 8011 

on the rod4 

J 

obs of the County where the Oounty has quail. ied under the Optional Road Law 

,, 

of 1947, Art. 6716-1, Civil Statutes?* 

Xt Is assumed that your request hae reference to the 

C!;!Ey Road m@neer instead of the Chief Executive Or- 

. 

Artlale 432, V.P.C., as amended by H.B. 508, 

- 5lst liegislature, cormnonly referred to as the Ilspotlsm 

Lav, la as follovsr 

%a0 offioer of tws State m w oitiaer 

of eny dirtrgct, eotuaty, bity, preclnot, 

sohool dl8trlct, or other municipal subbivlalon of thld State, or any officer or member 

of any State, dlstriot, oounty, olty, school 

district or other munloipal board, or judge of 

any court, created by or under authority of 

any Oeneral or Special Lav of this State, or 

any Member of the Legislature, shall appoint, 

or vote for, or conflrm the appointment to any 

office, position, clerkship, employment or duty, of any person related within the second 

degree by afilnity or within the third degree ,.. 

by coneanguinltg 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 80 appointing or voting may be a 
. .c 

Ron. Stuart B. Lumpklns, page 2 (V-861) 

member, when the salary, fees, or compensation 

of such appointee Ia to be paid for, directly 

or indirectly, out of or from public fund6 or 

fees of office of any kind or aharactor vhatsoever; provided that nothing herein contained 

shall prevent the appoIntrsnt, voting for, or 

confirmation of any person who ah&U have been 

continuously employed in any such office, po- 

;..ition, clerkshl 

(2 7' 

employment or duty ror a 

period of two years prior to the election 

or appointment of the officer or member appolntlng, voting for, or confIrmIng the appoFnt.ment 

of such person to such office, position, clerkship, employment or duty. 

In Attorney General's Opinion No. V-537, dated 

April 9, 1948, a copy of which is herewith enclosed, 

this office stated that the County Road Engineer, appointed pursuant to the provisions of the Optional County Road Lew of 1947, is a public officer. It was further stated that neither the Commlsslonerst Court nor 

any of Its members are authorized to hire or fire any 

county road personnel vlthout the approval and consent 

of the County Road Engineer. 

By reason of the forey? it j.8 our opinion 

that the Comm18810ner8t Court o Bl is County may not 

legally employ the 8on of the County Road~R@.neer on 

road jobs in said county. Thereiore, your question 

should be ansvered in the negative. 

SUMNARY 

The Connalssloneral Court of Ellis County 

tuty not legally employ the uon of the County 

Road Hnglneer on road jobs In eaid County Inaamch a8 the same Is prohibited by the tawJ 

of Artlole 432, V.P.C. (Repotlrr Law). 

very truly youra, 

APPROVED 

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