. OFFICE OF THE ATTORNEY GENERAL

**AUSTIN**

January 12,

Hon. John A. Hemilton Distriot Attorney 110th Judioial illstrlot ai Texas :'* ,~/ Xetedor, Texae : ')

Dear %r. Hamilton: \ ,' ---..'( -.-, 1

tion: He: &pot ism

--.. Your request for an'opinion ion the.

qu’es-

'Vould the,appointraent of the wife of the Co::tity and Xetriot Clerk of Xotlsy County,a oouaty off a foe basis, having a,popUlation of less than twenty thousand,as e deputy without pay, by said officer, be a violation of the ZTcspotisn statute, a6 set out in Artiale 432 of the Fenal Code of Texas?* ;

: ;. ..,_ has bsen received by.thii fMflce.

,, ?, : ~You.atate"furt&r in your letter that the officer is desirous of appointlughis wife as a deputy ’ without auy reaunorationwhatever, either dkeotly or indireotly. You further state that you have been unable to flnd.any,caseewhere the oourte have passed upon the above question.

‘Thisdepartment is not in pO6SeS6iOn of any casewherein the Court6have pa66ed Upon the above quaetion. HoNev6r, this department has ruled **upon** and has written many oplnlons, oonstruine ixtlolc 432 of the Penal Code., Bon. JohnA. Hemilton, Januzry 12, 1939, Page 2

. Artlole 432, Penal Code of Texas, provides as follows:

"No officer of'this State or any

officer of any dlstrlot, oounty, city, preolnot, aohooldistrict, or othermuni- .oipalsubdivisionof this State, or any officer ormember of any State, dlstriot, county, city, sohool district or other municipal board or judqe of any oourt, created by or under authority of any general or 6p6CiaL law of this State, or anymember of the Legislature, shall appoint, or vote for, or oonflrm the appointment to any office,poeitlon, clerkship, employment or duty, of any person relatedwithin the second degree by sf?'lnity

or within the third degree by consanguinityto the person so appointins or sovoting, or to any other member of any suohboard, the Legislature, or court of vhioh suoh person so appointing or voting may be a member, when the salary, fees, or oorzpensation of such appointee Is to.be paid for, directly or indlreotly,out of or from public funds or fees of offioe of any kind or oharaoterwhatsoever. Acts 1909, p. 85, Acts 1915, p. 149."
This department oites the following opinions whioh have heretoforebeen rendered by this department and whloh are deemed pertinent to your inquiry, to-wit:

(1) "A County Clerk oannot appoint his wife as a deputy." Opinionrendered July 21, 1927, by IionorabJe EI. Grady Chandler,AssistantArtorney C&neral,to Tar. Leo Xalloy, County Clerk, Paint Rock, Texas. (2) n Sherlrrnay not appoint son as a deputy sherltf thou::hsonmnkes noHon. John iz.Liemilton, January 12, 1939, Page 3

charge for his service6and is compensated in no manner, directly or IAdIreotly,out of or from publio 

### runds or fees of orfloe of any kind or obaraoterwhat6oever.v Opinion rendered&ril 26, 1932, by Hononable Seott Gaines-,

AssistantAttorney GeAeral, to Llr. Xiardlow Lane, County Attorney, Center,Texas.
(3) "It is not a violation Of the Xepotlsm stabute under Artioles 432 and 433, Penal Code of Texas, for thg die of the'sheriff and tax oolleotor to do clericalwork in his office without conpensatlonand without being appointed a deputy. However, shemay not sI.~n

the tax and other reOeiptS iA tha nsme of her husband." Opinion rendered Ilarch2, 1932 by Hon. f!ruOB'l:. Y>,. ."....A --I~'- Dryant, First :;ss'Istant :,ttorAey

General of 'l'exns,

to Eon. Joe ?. slack, COUAty ?r cr,. ,.1 ILttorney,

LIinard, 'i'exns. ie,.. :T 

### e The three obovc O~~A~CAS have been carefully reviewedby this department and are approved by this department.

Therefore,you are respeotfully advised that tho appointmentby the County end Distriot Clerk of Motley County of hi6 wife as a deputy County and DiStrict Clerk of said oounty, striotlywithout remuneration, either directly or Indireotly,would be e violati& of the Depotlsm statute, as set out in Article 432 of the Penal Code.

, you sre furtheradvised, however, that it 1s the opinion of this department that it would not be a violation of the Napotlsm statute under Mticle 432 end 433, Penal ,Code

of Texas, for the wife of the County and Z)istrIot

Clerk of :.:otlcy

County.to do clcrloel :vorkin his offioewithout oomponsationor remuneration, either

.Hon. John A. Hamilton, January 12, 1939, Page 4

dlraotlg or lzdlreotly,and tithout belng$appointed his deputy,but shewould have no authority to Sign his ame offioiallgto any Instrument.

Trusting that the above answersyour inquiry, I remain

Yours reepeotfully
AFOR,XXY cS?iiti 0" TZXAS