Dear Sir! We have received of recent date ln which your letter

you ask the opinion of this department whether a county super- intendent may employ as “Rural Supervisor” a person who 1s his first cousin. We assume that you have reference to the employ- ment of a supervisor under Article 2700.1, VernonDs Annotated Civil Statutes (Acts 1941, 47th Leg., H.B. 364)

Section 2 of Article 2700.1 provides as follows: 2 o The County Superintendent of Public “Section Instruction may, with the approval of the County Board employ one or more school supervfsors to of Educatfon, assist in planning 9 outlining 9 and supervlslng the work of the ?ublic Free Schools in the county which is under the supervision of the County Superintendent of Public shall Said supervlsor or supervisors at Instructfon. all times work under the supervision and direction of the County Superintendent of Public Instructfon, as other dence of proficiency assistants are required to do and must have evl- rural schoo i supervlsion and

fn must be the holder of at least a Bachelor of Science Degree or higher. Such supervisor or supervisors may receive a salary of not to -exceed Two Thousand Dollars ($2,000) per annum, to be paid out of the same funds and in the same manner as that of the County Superfnten- dent of Public Instruction and other assistants.”

Article 4329 Vernon’s Annotated Penal Code, reads as follows:

“No officer of this State or any officer of any district, county, city, precinct, school district, or other municipal subdivision of this State, or any offi- cer or mem,ber of any State, district) county, city, school di.strict or other municipal board, or judge of *2 Hon. T. M. Trlmble, page 2 (O-4670) created by or under authorf.ty of any

any court, general or special law of this State or any mem- or vote ber of the Legislature, shall appoln? for or oonflrm the appointment to any OSfioe, poeltion: clerkship, lated within employment or duty, of any person re-

the eeoond degree by affinity or within the third degree by consanguinity to the person so or to any other member of appolntlng or so voting, any such board, the Legislature, or court of which such person so appointing or voting may be a member, when the salary, fees, or compensation of such ap- pointee is to be paid for, directly or indirectly, out of or from public funds or fees of office of any kind character whatsoever. or Acts 1909, p* 85, Acts 1915, po 149.”

We see that under Section 2 of Article 2700.1 the county superintendent may employ supervisors with the approval of the county board. While such approval is required by the article, nevertheless the actual authority of appointment or employment is vested in the county superintendent.

We also see that a salary 1s provlded for such super- visors, payable out of public funds. The provlslons of Article 432, supra, are therefore applicable to the employment of such supervisors by the county superintendent.

First cousins are related in the second degree by con- sanguinity. You are, therefore, advised that the employment by a county superintendent of hfs first cousin as school super- visor is prohibited by the nepotism laws of thls State. It fol- lows that your question Is answered in the negative.

Very truly yours, ATTOBNEY GENERAL OF TEXAS By /s/ George W. Sparks George W. Sparks, Assistant APPROVED JUL 14, 1942

/s/ Gerald C. Mann

ATTORNEY GENEiAL OF TEXAS APPROVED: OPINION COMMITTEE BWB, CHAIRMAN

BY:

GWS: ba:wb