THEATTORNEYGENERAL 

OF TEXAS 

Honorable John C. Marburger 

County Attorney 

Fayette County 

La Grange, Texas 

Dear Slr: Opinion No. O-6221 

Re: Nepotism: (1) first cousins of 

principals not to be appointed 

deputy; (2) brother-in-law of 

County Commlssioner as deputy 

County Tax Assessor-Collector. 

Your letter of recent date has been received. You submit the following questions: 

nl. May the newly elected Tax AssessorCollector legally appoint as his deputy his first 

cousin by blood? This blood cousin has been working for the present or outgoing Tax AssessorCollector for the past 20 years, but is not related to him. 

"2 . Mny the Tax Assessor-Collector legally 

appoint as hFs deputy a brother-in-law of one of 

the members of the Commissioners' Court?" 

The applicable statute is Article 432, Penal Code. It 

reads as follows: 

"No officer of this State or any officer of 

any district, county, city precinct, school dlstrlct, or other municipal subdivision of this 

State, or any officer or member of any State, distrlct, county, city, school district or other 

Irunlcipal board, or judge of any court, created 

by or under authority of any general or special 

law of this State, or any member of the Leglslature, shall appofnt, or vote for, or confirm the 

appointment to any office, position, clerkship, 

employment or duty, of any person related within 

the second degree by affinity or within the third 

degree by consanguinity to the person so appolntlng or so votlng, or to any other member of any 

such board, the Legislature, or court of which 
Hon. John C. Marburger, page 2 o-6221 

such person so appointing or voting may be a 

member, when the salary, fees, or compensation 

of such appointee is to be paid for, directly or 

indirectly, out of or from public funds or fees 

of office of any kind or character whatsoever." 

First cousins are related by consanguinity in the 

second degree. Tyler Tap Railroad Co. v. Overton, 1 App. Ct. of 

Appeals 267, sec. 535. 

You are accordingly advised that the newly elected County 

Tax Assessor-Collector may not legally appoint as his deputy his 

first cousin. If he does make such appointment he will be amenable to punishment as prescribed by Article 437, Penal Code, and 

will be guilty of official misconduct. The fact that the cousin 

has been working in the office as a deputy of the retiring tax 

assessor-collector, to whom he is not related, 1s Immaterial. 

Each two-year term of office is a distinct and new administration within the purview of the statute providing authority for 

the appointment of deputies. (Art. 902, Vernon's Annotated 

Civil Statutes of Texas, as amended. 7 

Your second question Is answered in the affirmative. 

Reference to Article 432, Penal Code, supra, discloses that the 

offense consists of appointing voting for, or confirming the 

appointment of a person relate: within the' prohibited degree of 

relationship. Article 3902, V.A.C,S. makes provision for a 

County officer's deputies and prescribes the procedure to be 

followed. Under the express provisions of that article the 

Commissioners' Court has no authority to designate the appointee 

and has no duty to confirm him. 

The specific question Is answered in full in our Opinion 

No. O-1954, a copy of which is enclosed. We adhere to the conclusions therein expressed. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

BW:fo:wc 

Encl. 

APPROVZI SEP 23', 1944 

s/Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

By s/Benjamin Woodall 

Benjamin Wocdall 

Assl,stant 

Approved Opinion Committee By s/BWB Chairman