Office of the Attorney General
Honorable Carl A. Parker
Letter Opinion No. 90-068
Dear Senator Parker:
You ask whether the nepotism statute, article 5996a, V.T.C.S., prohibits the hiring, by a school board, of the former husband of the wife of a board member.
It is well settled that "affinity relationships are always terminated upon divorce." Pomerantz v. Rosenberg, 593 S.W.2d 815 (Tex.Civ.App.--Houston [1st dist.] 1980, no writ). As a result, the board member's wife is no longer related in anyway to her ex-husband, regardless of whether there are living children from that marriage.
It follows, then, that the board member cannot be related to his wife's ex-husband. We conclude that the nepotism statute does not prohibit the hiring, by a school board, of the former husband of the wife of a board member.
Yours very truly,