JIM MATTOX 

Attorney General 

SuProme CQun Building 

P. 0. Box ta4a 

Aurtln. TX. 757t1.254s 

51214752501 

Tdex.5lW57C1257 

Td.co@n 5lZ475.0255 

714 Jlcluon. Suite 700 

oalla& TX. 752024505 

2141742.S!% 

4824 Alberta Ave.. suite 150 

El Pm.o. TX. 70205.2193 

01- 

1001 Tqxu. Suite 7~0 .~. 

HQY4tOn. TX. 77002.2111 

712f22%x5 

w5 aroadway. suit. 312’ 

Lubbock TX. 7S4al-247S 

Soa747-5225 

008 N. Tmth, SuIta 8 

McAllm. TX. 7s5ol-16s5 : 

512mS2.4547 ea.. 

,~. 

200 MaIn Plaza, Sut4 400 * 

San Antonlo, TX 7S2os27m7 

512m5.4191 ;:,. ;’ 

_.. 

provided, that nothins herein contained... 

&all :prrevmt. the appolnmt, votlnS for, or 

cmflrmrtloo of cay person who shall have hem 

cmtlnuuuely .emplayed: in my 8UCh off+. 

porltlaa:~-clerkablp, .emplmt or duty for a 

;*"perlod olf two (2) yeero'ptir to the election or 

fi' appaintmmt of the officer or member appointing. 

:'votinS *or. or -confitning the l ppolntmeat, or to 

c. the l lm~ction or l ppoinwt of the officer or 

m&er't~latcd to mcb ~cmployee lo the prohibited 

degree; :~ : _~. 

..-. 2 ..- 

hcr8.~1,951,~;5296..Irq., c b . 97;~at:,l59 (former l rtfcle 5996a. V.T.C.S.). 

~Actes:1985, ~~5!$b.%eS:,,eh;.lS2, d.:800-01 (amendment by Senate Bill 

~.lo,..599.$o -quotti$ .lan~uaSe ~offectivo.,May 24. 1985). Tbla provision 

~~~e$loVed.tbe~~+r to contimu her +@yamt In the dlatrlct but did 

aat :.allarr .the, board of trustoem to trenefor her to l dlffermt 

'poeltlon. Attqsoq General Opiniona JM-288 (1984); M-671 (1970); 

Letter Advisory No. 69 (1973). 

The Attorney General of Texas 

October 29, 1985 

Ur. U. 1. Kirby 

Colldlreloner of Educatloe 

Texaco Education Agency 

201 Saw Bleventh Street 

Auatln, Texan 78701 

Opid.an No. JX-371 

Be: whether l tea c her 

promtad to reglatrar In a 

school dlatrlct wbere her 

hueband serves on the board of 

truatee8. and related questlons 

tray be 

Dear Hr. Kirby: 

Tou request ILCI lnterpretatlon of the nepotism law, article 5996a. 

V.T.C.S., wblch prohibits a board of echool trustee8 from employing 

any permn related within a prohibited degree to a board medcr. YOU 

state tbat an lni.ivldual was otlgl~lly qloycd as a teacher by an 

lndepmdmt school dlotrlct ln August 1974. .Xier husband, a relative 

vlthln the degree o f l fflnlty wbject to the nepotlm lav. became a 

trustee of the di.at.rlct ia April 1978. See Attorney General Opinion 

V-785 (1949). Sioco the teacher had byxt time been employed for 

forty-five montha contlnuoualy, rhe vae l lloved to continue working 

for the l chool d.letrlct under the grandfather provision of the 

nepatlm kv thm in effect: 

* 

p. 1700 

. 
Hr. W. N. Kirby - P#ISS 2 (JM-371) 

In July of 19:'9. the board of trustees promoted tha teacher to 

high school rag18 t:car. Accordtag to the Information you have 

submitted. she was :g:Lven the registrar position at her teacher’s daily 

salary rate plus em additional ten days of employment. Eer contract 

and the school records placed her at pay grade eight, although ths 

registrar position LIB customarily classlflcd as a grade 10B position. 

The trustees’ action In promoting this lndlvvidual to registrar 

violated the nepot~lm statute. The ma year proviso of the former 

nepotism statute, quoted above, allowed the teacher to keep the 

“office. position, ~:larkshlp. employment or duty” In which she had 

been continuously tmployed for at least two years before her husband 

became a trustee. Attorney General Opinion JM-234 (1984); Letter 

Advisory No. 69 (1973). It did not authorize the board to appoint her 

to a different position. even a less remunerative ode, or to assign 

her additional day11 of vork. Attorney General Opinion MU-135 (1980); 

Letter Advisory No. 69 (1973). The Taas Education Agency has 

concluded that he:: promotion to registrar violated article 5996a. 

V.T.C.S.. and we a(;rhe wlth this conclusion. 

The school dlstrlct viabes to continue this amployee as 

registrar. You auk whether the district may return her to a pay 

status identical to that which she maintained before the promotion but 

allow her to coutlme to perform her duties as registrar. 

Your qusstlotl about potential action- by the school trustees 

requires us to lntm~rst article 5996a, V.T.C.S., as amended by Senate 

Bill No. 599 of ,tbe Slxty-nlnth LaSlslature. Senate Bill No. 599 

became effective on May 24. 1985. and the grandfather clause of 

article 59968, V.T.C.S.. now reads as follows: 

provided, that nothing herein contained . . . 

shall prevent the appointment. voting for, or 

conflrmet~lon of any person who shall have been 

continuously employed In any Nch office, 

posltlon , clerkship, employment or duty far a 

period of’ one (1) year prior to the election or 

appointment of the officer or member appointing, 

voting for, or conflrmlng the appointment. or to 

the election or appointment of the officer or 

member rolatsd to such aployee ln the prohibited 

p. 1701 
Mr. U. N. Kirby - Iage 3 (Jh-371) 

reappoint~nent, euployuent, confirmation, reeuployuent, chrzge in status, campensatiott, or disuissal 

of such person. If such action applies only to 

such perron and Is not taken with respect to a 

bona fidar class or category of employees. 

(Euphasicyadded). 

The employee j.n question was continuously l uployed for forty-five 

months as a teacher before her husband became a board member in 1978. 

The nepotism law prohibited the school board from promoting her to 

registrar In 1979; ahe was lnaliglble for that position. See Attorney 

General Cpinlon H-728 (1970). The board's action vat ineffective to 

change her legal status f&u teacher to registrar. See Fairless v. 

Cameron County Water Improvemoat District go. 1. 25 S.2d 651 (Tex. 

Civ. App. - San konio 1930, writ ref'd). In our opinion the 

employee Is still II teacher for purposes of interpretlng'the nepotism 

statute even though she has perforued the duties of registrar since 

1979. Under the recently auended grandfather provision of article 

5996a. V.T.C.S., the'echool board may change her employment status and 

compensation, but the trustee to whom she Is related may not 

particfpate In the deliberation or vote thereon. 

Under article 5996a, V.T.C.S., as amended by 

the Sixty-ninth Legislature. a school teacher with 

one year of continuous euployuent prior to her 

husband% election as school trustee may continue 

to serve the district as a teacher. Tba school 

board say change her euploynent status and 

compensation, but her relative say not deliberate 

or vote ,tlrereon. 

Very ruly your , d-/h . 

JIM MATTOX 

Attorney General of Texas 

TON GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

ROBERT GRAY 

Special .Assistant Attorney General 

p. 1702 
Mr. U. W. Kirby - Pwgc 4 (JM-371) 

RICK GILPIN 

cbairmau, opi.nion comittac 

Prepared by Suun 1,. Garrieon 

Aarirteut Attoruey General 

APPSDVBD: 

OPINIOI~ COIMITYKE 

Kick Gilpin, Chairnm 

Colin Cirl 

Sueau Garrieou 

Tony Guillory 

JiaUdlirrger 

Jennifer Riggo 

Baucy Suttou 

sarab Woelk 

BrucaYoua~blood ; 

. 

I 2 .,.’ 

1. 

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p; 1703