. 

OFFICE OF THE ATTORNEY GENERAL 

AUSTIN 

January 12, 

Hon. John A. Hemilton 

Distriot Attorney 

110th Judioial illstrlot ai Texas 

:'* 

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Xetedor, Texae : ') 

Dear %r. Hamilton: \ 

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tion: 

He : &pot ism 

--.. 

Your request for an'opinion 

i 

on 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 appointlug his wife as a deputy 

’ without auy reaunoration whatever, either dkeotly or 

indireotly. You further state that you have been unable to flnd.any,casee where the oourte have passed upon 

the above question. 

‘This department is not in pO6SeS6iOn of any 

case wherein the Court6 have pa66ed Upon the above quaetion. HoNev6r, this department has ruled upon and has 

written many oplnlons, oonstruine ixtlolc 432 of the 

Penal Code. 
, 

Bon. John A. 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, aohool district, or other muni- 

.oipal subdivision of this State, or any 

officer or member 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 any member of the Legislature, shall 

appoint, or vote for, or oonflrm the 

appointment to any office, poeitlon, 

clerkship, employment or duty, of any 

person related within the second degree 

by sf?'lnity or within the third degree 

by consanguinity to the person so appointins or so voting, or to any other 

member of any suoh board, 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 

oharaoter whatsoever. Acts 1909, p. 85, 

Acts 1915, p. 149." 

This department oites the following opinions 

whioh have heretofore been 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." Opinion rendered 

July 21, 1927, by IionorabJe EI. Grady 

Chandler, Assistant Artorney C&neral,to 

Tar. Leo Xalloy, County Clerk, Paint Rock, 

Texas. 

(2) n Sherlrr nay not appoint son 

as a deputy sherltf thou::h son mnkes no 
Hon. John iz. Liemilton, January 12, 1939, Page 3 

charge for his service6 and is compensated in no manner, directly or 

IAdIreotly, out of or from publio 

runds or fees of orfloe of any kind 

or obaraoter what6oever.v Opinion 

rendered &ril 26, 1932, by Hononable 

Seott Gaines-, Assistant Attorney 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 clerical work in his office 

without conpensatlon and without being 

appointed a deputy. However, she may 

not sI.~n the tax and other reOeiptS iA 

tha nsme of her husband." Opinion rendered Ilarch 2, 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. 

i e ,.. :T 

e 

The three obovc O~~A~CAS have been carefully 

reviewed by this department and are approved by this 

department. 

Therefore, you are respeotfully advised that 

tho appointment by the County end Distriot Clerk of 

Motley County of hi6 wife as a deputy County and DiStrict Clerk of said oounty, striotly without 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 further advised, 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 :vork in 

his offioe without oomponsation or remuneration, either 

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

dlraotlg or lzdlreotly, and tithout belng$appointed 

his deputy, but she would have no authority to Sign 

his ame offioiallg to any Instrument. 

Trusting that the above answers your inquiry, 

I remain 

Yours reepeotfully 

AFOR,XXY cS?iiti 0" TZXAS