- Honorable Tom C. King State Auditor & Efficiency Expert Austin, Texas Dear Sir: Opinion No. O-845 Re: The fact that the assistant auditor of the Texas State College for Women at Denton is the father of the busfness manager of said college does not violate Article 435 of the Penal Code of Texas. In your inquiry of October 28. 1939, you state that the assistant auditor of the Texas State College for Women is the father of the busi- .’ ness manager. You ask if this relationship constitutes a violation of any law so as to invoke the operation of Article 435. Penal Code.. or any oth- er statutory prescription or penalty. Article 2627. Revised Statutes, outlines the duties and powers of the Board of Regents of the Texas State College for Women. Article 2625, Revised Statutes, provides. among other things, that the Board shall have the power incident to their position, and, to the same extent, so far as may be applicable, as is conferred by law on the Regents of the State University. These statutes make it clear that the Board of Regents employ the professors, agents and employees of the college, and we find nothing in the statutes which would prevent the Board of Regents employing an entire family, if they saw fit to do so, provided, of course, that the fam- ily employed is not related, within the prohibited degree. to any member of the Board of Regents. We therefore answer that the fact that the father of the business manager of the college is assistant auditor does not in anywise infringe the Nepotism statutes of this State. Yours very truly ATTORNEY GENERAL OF TEXAS ASR:pbp/cm By /s/A. S. Rollins A. S. Rollins, Assistant APPROVED NOV 14, 1939 /s/ Gerald C. Mann APPROVED Attorney General of Texas Opinion Committee By /s/ B WBChairman
Document Info
Docket Number: O-845
Judges: Gerald Mann
Filed Date: 7/2/1939
Precedential Status: Precedential
Modified Date: 2/18/2017