Hon. T. M. Trlmble Opinion No. O-4670 

First Assistant State Super- R~I Employment of school 

lntendent of Pub110 supervisor by county superInstruction lnt endent 

Austin, Texas 

Dear Sir! 

We have received your letter of recent date ln which 

you ask the opinion of this department whether a county superintendent may employ as “Rural Supervisor” a person who 1s his 

first cousin. We assume that you have reference to the employment of a supervisor under Article 2700.1, VernonDs Annotated 

Civil Statutes (Acts 1941, 47th Leg., H.B. 364) 

Section 2 of Article 2700.1 provides as follows: 

“Section 2 o The County Superintendent of Public 

Instruction may, with the approval of the County Board 

of Educatfon, employ one or more school supervfsors to 

assist in planning 9 outlining 9 and supervlslng the work 

of the ?ublic Free Schools in the county which is under 

the supervision of the County Superintendent of Public 

Instructfon. Said supervlsor or supervisors shall at 

all times work under the supervision and direction of 

the County Superintendent of Public Instructfon, as 

other assistants are required to do 

i 

and must have evldence of proficiency fn rural schoo supervlsion and 

must be the holder of at least a Bachelor of Science 

Degree or higher. Such supervisor or supervisors may 

receive a salary of not to -exceed Two Thousand Dollars 

($2,000) per annum, to be paid out of the same funds 

and in the same manner as that of the County Superfntendent of Public Instruction and other assistants.” 

Article 4329 Vernon’s Annotated Penal Code, reads as 

follows: 

“No officer 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 mem,ber of any State, district) county, city, 

school di.strict or other municipal board, or judge of 
Hon. T. M. Trlmble, page 2 (O-4670) 

any court, created by or under authorf.ty of any 

general or special law of this State or any member of the Legislature, shall appoln? or vote for 

or oonflrm the appointment to any OSfioe, poeltion: 

clerkship, employment or duty, of any person related within the eeoond degree by affinity or within 

the third degree by consanguinity to the person so 

appolntlng or so voting, or to any other member of 

any such board, the Legislature, or court of which 

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. 

Acts 1915, po 149.” 

Acts 1909, p* 85, 

We see that under Section 2 of Article 2700.1 the 

county superintendent may employ supervisors with the approval 

of the county board. While such approval is required by the 

article, nevertheless the actual authority of appointment or 

employment is vested in the county superintendent. 

We also see that a salary 1s provlded for such supervisors, payable out of public funds. 

432, supra, 

The provlslons of Article 

are therefore applicable to the employment of such 

supervisors by the county superintendent. 

First cousins are related in the second degree by consanguinity. You are, therefore, advised that the employment by 

a county superintendent of hfs first cousin as school supervisor is prohibited by the nepotism laws of thls State. It follows that your question Is answered in the negative. 

Very truly yours, 

ATTOBNEY GENERAL OF TEXAS 

By /s/ George W. Sparks 

George W. Sparks, Assistant 

APPROVED JUL 14, 1942 

/s/ Gerald C. Mann 

ATTORNEY GENEiAL OF TEXAS 

APPROVED: OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

GWS: ba:wb