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 s”p

jobs o the CopEtJ. Your request for an opinionrelating to the Law is predioatedupon the f+ollowing quoetioat "cttn the county comnl66Ioner6' court lo

### gay -109 the chw ~bre~rrti~e ofricds 8011 on the rod4 Jobs 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 requesthae 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 munloipalboard, or judge of any court, createdby 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 appointmentto any office,position, clerkship,employmentor duty, of any person relatedwithin the second degree by afilnity or within the third degree ,.. by coneanguinltgto 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 appointingor votingmay 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 aharactorvhatsoever;provided that nothing herein contained shall prevent the appoIntrsnt, voting for, or confirmationof any person who ah&U have been continuouslyemployed in any such office,po- ;..ition,

clerkshl (2 7' employment

### or duty ror a period of two years prior to the election or appointmentof the officer or member appolntlng, voting for, or confIrmIngthe appoFnt.ment of such person to such office,position, clerkship, employmentor duty. In AttorneyGeneral'sOpinionNo. V-537, dated April 9, 1948, a copy of which is herewith enclosed, this office stated that the County Road Engineer, appointedpursuant to the provisions

### of the OptionalCounty Road Lew of 1947, is a public officer. It was further stated that neither the Commlsslonerst Court nor any of Its members are authorizedto hire or fire any countyroad personnelvlthout the approvaland 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 legallyemploy the 8on of the County Road~R@.neer on road jobs in said county. Thereiore,your question shouldbe 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 prohibitedby the tawJ of Artlole 432, V.P.C. (RepotlrrLaw). very truly youra, APPROVED

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