Hods. M; F. Kieke 

County-Attorney 

Lee coiinty -. 

fflddlags, Texas 

i-398 

RICE DANIEL 'TORNEY GENERAL ~' Ray 5;. 1947 

opinion HO. v-1.84 : 

Re: Thi3 effect to be acootidwd 0u1-hwp~tlsm 

statute where a *alId 

contract is executed 

withy a teacher; and 

thwre'is subsequently 

elected a.sohool trus- 

... tee who Is within the 

.prosoribwd de@88 of 

rwlatlonshlp. 

Dear Sir: .', 

You propound to,us the folloW+g quwstl?ns: 

"I have.~before me for sol&Ion ihe ,qawstioti of legality ,6f ttiw following ~s.ltuatlon 

arIaIn& out of one of 'O~I'C&UU~XI school.dlstrlcts of Lwe CMnty, Teias; It relates .to.the 

validity Of 8school teachers two year bontract, and her contract pay-'under heswmploym6nt; Bi%wfly stated? Almwta Robersoa, .a colored teacher holding a degree was employed on 

March 12th 1947 to teach the Doak Springs ~ 

school for the scholastic period and sohool 

year of 1947 to 1948-l&r contract wail duly 

sl&ued &ad ~exwcutwd bg the threw trustees of 

said dlstriet to i?lt; Thomas Hodge-0.B. Thomas-George Washington- she had~taught in.sald 

school for the school.$ear 1946 .to 1947. 

"Th6 trustees were In no manner related 

to Altamwta Robwrson the teacher and were lawfully authorized to &xwoutw thlsootitract, 

which happened to b&'a'two year contract; Such 

contract was authorized by the Statute which 

provides that teachers may be wlectwd'for a 

term of two years-on April 5, 1947, in'accordancw with law requiring elections for 

school trustees to be held wwr the State;.~ 

qne Timothy Robwrson was elected to take the 
Hon. M. F. Klekw - Page 2 V-184 

plaaw of Qeo. Washington, a trustee who was 

defeated for rw-electlon as trustee for said 

district; 

"Timothy Roberson will assume office on 

May 1st 1947~as tru&tww. Timothy Robwrson 

Is the uncle of Altamwta Robe&on's husband, 

which would make her a relative within the 

second degree by affinity to the newly wlected trustee Timothy Roberson. 

"The Board of Trustees have voted to fla 

the pay of the teacher at a sum equaling the 

maxlmum sum fixed by the State Department of 

Education at Austin, this sum now belsg uncertain until the Legislature completes the 

law as to base pay-rizral aid-and per capita. 

'As the matter now 3tands under the laws of 

Texas, the teachwr.has a valid contract with 

a valid Board of trustees who have elected 

hegoir the year just ahead to teach the 

The following questions arw~~ propoundwi to you for clarlflcatlon, to-wit; 

"Question Nb. 1 

After a valid contract Is made by the 

Boar&of Trustees and the teacher, ana dulg~' 

signed and executed, does the electorate or 

voters have the power to destroy ix lnvall--., 

date a valid contract between the board.and-. 

the teacher by electing a relative of within 

the prohibited degree as trustee. 

"Question No. IL o 

Would tt ie destruction of such aontract 

be a violation of the Constitution of the 

United States and State of Texas, Bspwclally 

Article 1 Section 16 which provides 'no bill 

of attainder, 8x post facto-law, retroactive 

law or ANY LAW IMPAIRING THIS OBLIGATION OF 

CONTRACTS be made.' 

'Question No. 3 

The NeDOtiSm law only Inhibits an offlcer from lA?POINTING, VOTtiG FOR OR CORFIRMIN%' a relative. In thiscase the relative 

has done none of these thlngs; 

Article 435 p~ovldws 'no officer or 

other person Included within the third prwceding article shall approvw~any account 

etc.' 
Hon., M F. Kelkw - Page 3 ~ .:~.~,, ,. .i.,,', .q-184 _ ,.. 

:; 41.5 

!Thw third arti~lw.refarr6a -to s.pec~lfl-: 

callg relates to any officer whd'Vappoints, 

votes for or~conflrms*..,~Now since the newly 

elected trustee did nwithB+of these things, 

would :I$ be. l&legal f,or $h6 othe~r,..$wo membwrs~ 6f~thw board to approye. the teachwrs~ 

voucher? ,. ,' 

"9kektl,on No;. '4 .~ .':~ 

Would not the teach6r be wntltlwa to,~~'~' 

the corn nsatlon and contract salary for the 

year 19 r T-1948 for which she was duly eleoted, and enterwd.into a.contract with a valid 

and wllglblw board of t'rustews." 

:., Art,iclw 432 of our~Pwna1 Code Is commonly 

.>.,. ,aowu aa +hw~-"anti-nepotismtatutw.~ It Is as follows: 

: j "I&officer of this State. or any offlcer'of tiny district,-,county, city, precinct, 

school district, or other municipal subdi-, 

vision of this State, or any officer or mwmber of,any State, alstrl.ct, county, city, 

school district, or other municipal board, 

or.jixdgw.of any court)~.orwatwd by or ~undwr . 

authority ;o.fSany 'gwnwrar.or specl+l law of 

this State, ~or.any mwmbwr~ of the Lwglslature, sball~~inppdlnt, or vote for or confirm 

the appointment to any office, position, 

clerkship, employment or duty, of any person related wlthln the second degree by affinity or within the third degree by consanguinity to the person so appointing or 

so voting, or to any other member of any 

such h&rd, the Legislature, or court of' 

which such person so appointing or voting, 

may be a member, when the salary, fees, or 

compwnsatlon of such appointee Is to be paid 

for, directly or~inairectly, out of or from 

publlc'f%ndSor fees of .offlce of any kind 

or character whatgowver." 

You are respectfully advised that the election 

of the school trustee who Is related within the prohlbltea degree to the teacher who had been previously wmployed for the year 1947-1948,,would notoperate retroactively to void the contract. 

We hand you herewith copy of Opinion No. O-6330 

rendered by this department January 25, 1945, which Is ln 
Hon. M. F. Kelke - Page 4 

line with our holding herein. 

The election bf a~trustew to a board of 

school trustees, irho Is related to a teacher 

of such school having a valid wXlstlng contract with the board, does not make vald suoh 

contract under Artlale 432 of the Peas1 Code. 

Yours very truly 

ATTORIiEXGRNERALOFTRXAS 

BY 

Assistant 

0S:wb:jt 

ATTORNEYGENEXAL