NEY GENERAL EXAS: PRICE DANIEL ATTORNEY CE.NEHAL February 2, 1949 Han. J. G. Knight Opinion No. V-765 County Attorney Bee County Re: The legality of errployment Beeville, Texas by a county commissioner of a son of his stepmother by another marriage, under the Nepotism Statute. Dear Sir: You request an opinion upon the above subject matter as follows: LW. Gilbert Rarris, Commissioner of Pre- cinct No. 1, in Bee County, Texas, is desirous of employing 3s an employee of his Precinct a , son of his stepmother by another marriage, and he has requested that I obtain s ruling from your office as to whether such employment is prohibited or not." The Nepotism Statute (P. C. Art. 432) forbids the Commissioner to employ one who is related to him by consanguinity or blood within the third degree, or by affinity within the second degree, Under your statement the Comg;i.s;ioyris not related by blood to his stepbrother. t under the statement made by you we have no means of de&mining whether he has any affinitive kinship whatsoever. By the rule of affinity relations, the Commis- sioner, if he is a married man, is related to his wife's blood relatives within the second.dbgree. Specifically, in such case he would be related to his stepbrother, the proposed appointee, by affinity only in the event his wife is related by blood within the second degree to his stepbrother; that is to say, where she is the sister, first cousin, niece, or aunt of his stepbrother. If the Commissioner is not a married man he of course has no kin by affinity, and nothing in the Nepo- tism Statute forbids the appointment of his stepbrother. Hon. J. G. Knight - Page 2 (V-765) SUMMARY A county commissioner is not related by consanguinity to the son of his stepmother by a former marriage, nor can he be related by affin- ity if he is unmarried. (P. '2.Art. 432). Yours very truly, A'M'ORNEYGENERAL OF TEXAS 0S:wb By o&&Assistant APPROVED: