Texas Attorney General Opinion: JM-234 Page: 4 of 5
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Mr. Raymon L. Bynum - Page L
relative of such an office holder could be
promoted to a pchsition whereby his financial
remuneration would be enhanced. (Emphasis added).
Letter Advisory No. 68 went one step further in concluding that
article 5996a applied to a salary increase without promotion to a new
position. But see Attorney General Opinion MW-135 (1980) (article
5996a, V.T.C.S., does not bar clerical aide from receiving raise given
all persons doing similar iwork). We believe Letter Advisory No. 68
departed from the language of article 5996a, V.T.C.S., in concluding
that the statute applied to salary increases. A salary increase is
not "an office, position, cterkship, employment or duty." Attorney
General Opinion M-671 addressed a promotion to a new position at an
increased salary, not an increased salary alone.
Other rulings issued by this office adhere closely to the
statutory language. Letter Advisory 69 (1973) stated that "the plain
and unambiguous language of the exception makes it apply only to the
'office, position, clerkshi), employment or duty' in which the person
shall have been continuously employed. . . ." Therefore, the school
board could not appoint to a new, less remunerative position a
trustee's relative who had I:ept his job under the exception in article
5996a, V.T.C.S. See also Attorney General Opinion MW-135 (1980)
(article 5996a, V.T.C.S., prevents assignment of teacher to additional
duty of preparing curricultni guides during summer). Letter Advisory
No. 68 gives article 5996a, V.T.C.S., an interpretation not supported
by the words of the statute and is therefore overruled.
Article 5996d, V.T.C.S :. provides that
[n]o officer or cther person included within the
third preceding article (5996a] shall approve any
account or draw or authorize the drawing of any
warrant or orde:: to pay any salary, fee or
compensation of such ineligible officer or person,
knowing him to be no ineligible.
This provision applies to persons who have been employed in violation
of article 5996a, V.T.C.S. Attorney General Opinions 0-1031, 0-361
(1939). See also Attorney General Opinion M-857 (1971). There is no
violation of article 5996a, V.T.C.S., when a teacher is assigned ,
career ladder level. A rticle 5996d, V.T.C.S., is therefore
inapplicable and does no: bar the trustees from approving the
teacher's salary payments. The nepotism law does not apply to the
assignment of teachers to level two, three, and four of the career
ladder under chapter 13, sulbchapter E, of the Texas Education Code.
p. 1053(JM-234)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-234, text, November 16, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272674/m1/4/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.