Texas Attorney General Opinion: LA-111 Page: 2 of 5
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The Honorable Royce Adkins - Page 2 ' (LA No. 111)
compensation of such appointee is to be paid for,
directly or indirectly, out of or from public funds
or fees of office of any kind or character whatsoever;
provided, that nothing herein contained, nor in any
other nepotism law contained in any charter or
ordinance of any municipal corporation of this State,
shall prevent the appointment, voting for, or confirm-
ation of any person who shall have been continuously.
employed in any such office, position, clerkship,-
employment or duty for a period of two (2) years
prior to the election or appointment of the officer or
member appointing, voting for, or confirming the
appointment, or to the election or appointment of the
officer or member related to such employee in the
-prohibited degree.
We must first determine whether the Judge's grandnephew falls within the
third degree of consanguinity.
In Letter Advisory Number 67 (1973), we dealt with the method of
computing degrees of kinship. The re we quoted from Tyler Tap Railroad Co.
and Douglass v. Overton, 1 Texas Court of Appeals 268, S 533 (1878):
In computing the degree of lineal consanguinity
existing between two persons, every generation
in the direct course of the relationship between
the two parties makes a degree, and the rule is
the same by the civil and common law. The mode
of computing degrees of collateral consanguinity at
the common and by the canon lawviis' to discover
the common ancestor, to begin with him to reckon
downwards, and the degree the two persons, or the
more remote of them, is distant from the ancestor,
is the degree of kindred subsisting between them.
For instance, two brothers are related to each other
in the first degree because from the father each one
of them is one degree. An uncle and nephew are related
to each other in the second degree, because the nephew
is two degrees distant from the common ancestor, and
the uncle is extended to the remotest degree of collateral
relationship.p. 379
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LA-111, text, June 12, 1975; (https://texashistory.unt.edu/ark:/67531/metapth276774/m1/2/?q=%22~1~1~1%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.