*1 Hon. W. P, Sexton

County Attorney

Orange,County Opinion No. O-24

Orange, Texas Re: Rligibillty of wife of officer or Hon. Joe J. Fisher stockholder in depository bank to serve District Attorney as Independent school trustee.

First Judlcisl Dist.

Orange, Texas

Gentlemen:

This Department Is In receipt of your letter of Feb- ruary 23 1939 requesting an opinion on the question of whether 4 he wife of the president, dlreeter and stockholder of the depository bank, may be apgoimted to a vacancy on the Board of Trustees of an Independent School District.

We have been advlsed, that in the~instamce to which you refer, the stock in the depository bank is the separate property of the husband. Ws have also been advised that the contract between the school board and the depository bank has been executed and the bank is now serving as depository under the .terms of such contract. The contract having been consum- mated prior to the appointment of the wife to the office of school trustee, she, in her official capacity, would not be required to exercise any discretion in the acceptance or re- jection of bias ana In the designation of a depository bank.

Neither Article 373 of'the Penal Code, nor any other article which has come to our attention, is applicable to the facts under consideration in this opinion.

It is the opinion of this Department that the wife of the president, director and stockholder of the depository bank of an Independent School District, under the stated facts, does not occupy a relationship so incompatible with the office of trustee of such Independent School District as to disquali- fy her for appointment to fill a vaoanoy on the Board of Trus- tees.

Yours very truly ATTORNEY GBNERAL OF TRKAS APPROVRD /s/ Gerald c. Mann By /s/ Cecil C. Cammack Cecil C. Cammack Assistant ATTORNEY GENEXLAL OFTRKAS OK G8L CCC:N:wb