Untitled Texas Attorney General Opinion ( 1940 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Bonorable X. Y. Cunnlngh~ County Auditor Oorsl oana, Texas Deer Sir: 0, addreeesd to Oerald C. bi¶M, Attorney O been referred to the writer for oonslde 80 followe: gular meeting of Court, Mr. kal- ege of a oonceselon oourthouse. above prlrllege doe8 not oee he receive any rerun- His only aouroa of ln- Hayes, CoinUlsaloner of Treclnot 1, of I&. Xelter &yea. Woes this relaticnahlg offer any berrler to the appointment or make the Comm.lssloneret CoUF$, or any of Its menbere guilty of nspotlam?" Hon. 6. ‘p. Cunningham, Fare 2 Your attentlou la directed to Article 402, km1 Code ot Texas, es followa: “30 oirioer or tide Stete or any officer of any district, county, At;-, praolnct, school distrlot, or other aunlolpal aubdlvlelon of thla etate, or any ofrlcer or renber of any state, dlstrlot, ccunty , city, aohool dletrlct, or other munloipal board, or 5udqe of any court, oreated by or under authority of any aenerel or special law of this Stote,pr any lcember cf the LagIs- loture, ohall appoint, or vote for, or confirms the e~polnt.Eent to any offioe, poeltion, clerkski~, efiploynont , or duty, at any person related uith- in the aeoond degree .b$ affinity or within the third degree by consanguinity to the person SO appointing or so votlne, or to any other member ot any suoh boa::d, the Ledslature, or oourt cf whloh euah person 80 ap::ointlnq or vctinc: Pep be a member, when the selery, iec8, or ooqenaatlon a? euch appointee is to bc paid for, dlreatly or lnfiirectly, out of or from public funds or fees ot office of nny kind oz chareoter whatsoever.” The purpose of the nepotlen statute Is to prohibit a pub110 ottlolal f7oa: apFolnting, voting: for, or ccnflrn- In! the appointment to any office, position, clerkship, em- ployment, or duty, of any person related to him, or to any other nember of the court, bglslature, board, etc., of rhloh the oftlolel may be a member, within the prohibited degree, when the compenaetion of such appointee IS to be paid, either dlreotly or indireotly, out of pub110 funds. In the lnstont oaae, It is epxrent from the feats stated that Yr. Falter Heyea has not been appointed to any office, poeltion, clerkship, nor enrloyed to periorm any duty, end therefore, your question la answered In the negative. Tru8tin.c this mawera your inquiry, we are