PRICE DANIEL L~~IW,-IN 11. %,SXAB ATTORNEY

GENERAL July 13, 1949

Ron. Robert W.Hillln Opinion No. V-853. District Attorney 1st Judicial District Ret Jasper, Texas

Dear Sir, The 

### legalityof appointment of the half-brother of an independent school district trustee as tax assessorcollector for the district, under the submitted facts. Youhave requested 9 opinion relative to the constructlon of Articles 432-435, V.P.C. (Nepotism Law). In connection with the request you submitted the followl.ngfacts: "Recently a Ur. 

### Yeagerwasduly elected to the Board of Trustees of the Brookeland Independent School District, but before he qualified as such, his half-brother wasappointed by the Board of Trustees as TaxAssessor Collector 

### fortheDistrict. Sincethe &ppointment of 

### theTaxAssessorCollectorMr. Yeager has qualified 

### astrustee and is nowa duly elected andqualified memberof the Board. Thequestion has arisen as to whether or not 

### thisconstitutes a violation of the nepotism laws Article 432-435 lnclusives P.C. 1925 since Yeager will be a duly elected and qualified trustee andwill necessarily have to approve the account of the compensation of aTaxAssessor Collector.” In answer to our request for additional lnformation you have informed us that the half brother of the newly elected trustee qualified as tax assessor-collector of the school district 

### priorto 

### thetime the newly elected memberqualified as a memberof 

### theboard of trustees. Article 432, V.P.C., as amendedby 11.B. 508, Acts of the 51st Legislature, 1949, provides%Hon. Robert W.Hillin, page 2 (v-853)

“Noofficer of this State or any officer of any district, county, city precinct, school district, or other municipal subdivision of this State, or any officer or memberof any State, district, county, city school district or other municipal board, or judge of any court, created by or under authority of any General or Special Lawof this State, or any memberof the Legislature, shall appoint, 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 appointing or so voting, or to any other memberof any such board, the Legislature, or court of vhlch such person so appointing or voting maybe a member,whenthe 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 anykind or character vhatsoever; provided, that nothing hereln contalned shall prevent the appointment, voting for, or confirmation of any person whoshall have been continuously employed in any such office, position, clerkship, employment or duty for a period of two (2) years prior to the election or appointment of the officer or memberappointing, voting for, or confirming the appointment of such person to such office, position, clerkship, employment or duty.” It washeld in Attorney General’s Opinion No. V-184 that the election of a school trustee whoIs related within the prohibitive degree to the teacher who had been previously employed would not operate retroactively to void the contract. Attorney General’s Opinion Ho. V-184 followed the holding in Attorney General’s Opinion No. O-6330, which held that the Nepotism Laws were not violated where the prohibitive degree of relationship between the teacher andtrustee did not exist at the time the teaching contract wasmadeand that the teacher could complete the term of the existing contract without resignation of the trustee in question since the prohibitive degree of relationship did not exist at the time of the employment. It was further held, however, that any newcontract madebetween the Board of Trustees andthe teacher In question would be invalid as in violation of Article 432, V.P.C.Ron. Robert W.Rlllln, page 3 (V-853)

Since the half-brother o? the newly elected memberof the board of trustees was appointed andqualified as tax assessor-collector for the independent school district prior to the time the newly elected memberof the board qualified as trustee for the dlstrict, you are advised that the action of the board of trustees of the Brookeland Indepbndent School District appointing the half-brother of the newly elected member of the board, did not violate the provisions of Article 432, V.P.C. SlJRMARY

Whena person is appointed tax assessorcollector of an Independent school district by the board of trustees of such district and qualifies prior to the time anewly elected memberof the board to whomhe Is related within the prohibitive degree qualifies as memberof the board of trustees, there has been noviolation by the board of Article 432, V.P.C. Yours very truly, ATTORDEYG~LOFTRXAS

JR:bh 

### 4/%iee Assistant

APPROVED

@ ?k FIRSTASSISTART ATTORRRYGEI[ERAL