Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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An independent school district may continue to employ an individual whose initial hiring was exempt from nepotism under subsection 11.1513(g) after the population of the county in which the school district is located meets or surpasses 35,000GA-1064
Appraisal district nepotism prohibition, the continuous employment in the general nepotism statute, Government Code chapter 573, does not apply to a relationship prohibited by Tax Code section 6.05(f), which precludes a chief appraiser from employing the GA-0187
Assign duties to close relative who satisfies continuous-employment requirement, public official may if assignment does not result in change of employment statusJC-0336
Back wages, school district may pay to an employee who would have been promoted except for board's discriminatory treatment even though employee's mother presently sits on boardDM-0132
Board member's abstention from participating in action to employ her spouse did not cure violation of nepotism lawJC-0184
Bona fide category of employees, merit raise given to spouse of superintendent of Department of Mental Health and Mental Retardation school who is employed at the same facility is not raise given toDM-0046
Brother of city council member may not be hired by city, even if city council delegated hiring authority to city administratorDM-0002
Change in status, interdepartmental transfer involving no change in salary constitutes "change in status" so that a public officer may not approve the transfer of an employee related to the officer within a prohibited degreeJC-0193
City charter that delegates authority to the city manager to appoint department heads "subject to consultation with the" municipal governing board does not take members of the governing board out of the category of public officials subject to the anti-nepGA-0226
City council's appointment of industrial development corporation director, nepotism statute does not applyLO96-010
Collective-bargaining agreement that authorizes police chief to finally approve promotions may be amended to provide another official with final approval authority where police chief's close relative is qualified for promotionJC-0336
College may not hire nephew of college trustee because, like school district board of trustees, board retains authority to hire employees even if not generally involved in hiring decisionsLO92-043
Community college may adopt nepotism policy more restrictive than state lawLO90-054
Continuous employment in the general nepotism statute, Government Code chapter 573, does not apply to a relationship prohibited by Tax Code section 6.05(f), which precludes a chief appraiser from employing the close relative of an appraisal district direcGA-0187
Continuous employment requirement, "regular substitute" does not satisfy for exemption from nepotism statuteLO92-075
Continuously employed, relative of trustee who was employed by school district at time of trustee's election but then resigned is notLO96-015
County commissioner, whether voting to approve salary and expenses of sister as county attorney or decisions involving brother-in-law as investigator for district attorney contravene nepotism statuteLO94-055
Crime-victim liaison, sheriff may employ criminal district attorney's spouse unless the officials are tradingLO98-098
Determining whether employment was "continuous" under Government Code section 573.062(a)(2)depends on specific circumstancesGA-1024
District judge's appointment of spouse of one of county commissioners to serve as county auditor does not violate nepotism lawLO93-008
Divorce, relationship of affinity created by marriage survives after termination of marriage for lifetime of children of marriage because the term "child" used in nepotism statute includes adult child who is no longer dependentLO94-039
Employing persons related to board members within the degrees described in chapter 573 of the Government Code, the Legislature has generally prohibited a school district fromGA-0794
Employment ends when the "employment relationship" is broken; therefore, once the continuous-employment exception is satisfied, it exempts and individual from the nepotism prohibition of Government Code section 573.041 only until the employment relationship is broken.GA-1024
Employment "on an intermittent, day-to-day basis" does not constitute continuous employment. By contrast, periodic service provided pursuant to a year-long contract may constitute "continuous" employmentGA-1024
Government Code section 573.062 provides an exception to nepotism prohibition in Gov't Code section 573.041 provided employment is continuousGA-1024
Government Code subsection 573.062(a)(2)(B), an individual must be continuously employed for six months prior to the election of a school district trustee to whom the individual is related in a prohibited degreeGA-1016
Government Code subsection 573.062(a)(2)(B), the starting date for calculating the continuous-employment exception is the first day the employee is employed by the school district. The end date for calculating the continuous-employment period is the date the public official qualifies for and assumes officeGA-1016
Half blood, not distinguished from full blood relations by nepotism statuteLO90-030
Hold-over officer, nepotism law applies toDM-0002
Home rule city may adopt nepotism policy more restrictive than state nepotism lawLO93-030
Home rule municipality, Government Code chapter 573 does not apply to the hiring of a city commissioner's relative by the city manager if the city's charter delegates full and final appointing authority to the city managerGA-0595
Hospital district may not employ brother of wife of district board memberLO90-053
Husband of curriculum coordinator of educational consortium serving on community college board, nepotism provision does not apply unless board has authority to hire curriculum coordinatorLO96-052
Independent contractor is governed by nepotism law DM-0076
Independent contractors, nepotism prohibitions apply toDM-0132
Janitorial services performed for city under agreement prior to election of janitor's spouse as mayor constituted continuous employmentLO95-015
Junior college board of trustees, which has final authority to employ faculty and other personnel, is subject to nepotism lawGA-0415
Marriage of sheriff to deputy's sister, sheriff need not terminate deputy if deputy has been continuously employed for over one year before sheriff's election to present termLO93-114
Marriage to school board member, school district employee may retain position if continuously employed for six months prior to election of spouseDM-0132
Marriage, continued employment of spouse prohibited afterLO95-070
Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding and whether other city commissioners may vote forJC-0558
Municipal housing authority, executive director of has no statutory power to hire and therefore is not subject to anti-nepotism statutesDM-0163
Natural person, nepotism law applies to hiring of by governmental body if member of body is related within a prohibited degree but not to contract with corporationLO92-052
Nepotism prohibition of Government Code section 573.041 generally applies to a grandson because a grandparent and grandchild are related in the second degree of consanguinityGA-1024
Nepotism statute does not prohibit the superintendent of the Pecos County Memorial Hospital from employing the spouse of the county judge because the county judge has no authority to hire employees of the HospitalKP-045
Open-enrollment charter school, directors of nonprofit corporation that operate, and of school governing board are not subject to statute prohibiting nepotismJC-0378
Person related to district court judge, director of county community supervision and corrections department may hireDM-0208
Police lieutenant whose mother is member of city council, but who had four years continuous service in his position before her election, may be promoted to police chiefJC-0546
President of Stephen F. Austin State University is not a "public official" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
Principal of school, nepotism prohibitions do not apply toDM-0132
Prior continuous service exception, which period applies when city employee's brother is appointed to elective city officeDM-0002
Prior employment exception available only if employee has completed applicable period of service prior to time employer becomes relativeLO95-070
Prior employment in violation of nepotism statute does not constitute prior continuous service for purposes of exemption from nepotism prohibitionLO92-043
Professional corporation, nepotism prohibition does not apply to hiring policies ofLO97-028
Promote to rank of lieutenant, police chief may not finally select nephew from list of three qualified senior officersJC-0336
Promotions, sheriff may not give to his son and daughter even though both had sufficient prior continuous service in office to retain jobs after he became sheriffJM-1188
Public official may appoint close relative to volunteer position that provides reimbursement for incurred expenses but no compensationKP-157
Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
Regents of Stephen F. Austin State University may employ spouse of university president without violating the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
Retirement from full-time position as certified teacher with school district breaks employment relationship such that individual may not take advantage of continuous-employment exception to statutory prohibition on nepotistic hiring by school districtJC-0442
School board trustee's spouse's employment with corporation that contracts with school districtLO95-080
School district superintendent, validity of employment contracts between school districts and employees related to the superintendent within a prohibited degree where the superintendent had final authority to select personnelGA-0177
School district trustee's nephew, eligibility to serve as high school football refereeLO95-012
Second cousins are not covered by Nepotism law, article 5996a, Revised Civil StatutesDM-0076
Sheriff does not avoid nepotism prohibition by delegating hiring decisions to deputyLO90-070
Sheriff may hire nephew of county commissionerLO93-005
Sheriff's office, the continued employment of the sheriff's spouse in the sheriff's office does not violate the nepotism laws in chapter 573 of the Government Code when the individual has held that position continuously for five years before the sheriff wGA-0121
Sheriff's son, nepotism statute does not prohibit private organization that contracts with county for operation of private detention center from hiringGA-0419
Son of Finance Commission member, Banking Department may hire because Banking Commissioner's hiring decisions are not subject to control of Finance CommissionJM-1175
Son of former spouse's sister, authority of public official to hireLO95-020
Spouse of school district trustee, district may not hire as teacher (as opposed to substitute teacher) if not employed by district before trustee assumed officeLO98-046
Spouse's ex-husband not covered by nepotism statuteLO90-068
Starting and ending dates for determining whether requisite period of the continuous-employment exception to nepotism prohibition of Government Code section 573.041 has been satisfied are the date when the individual is initially employed and the date the elected official assumes office, respectivelyGA-1024
Subsection 11.1513(g), Education Code, permits a superintendent with hiring authority to make appointments that would otherwise be prohibited under section 573.041 in counties with a population of less than 35,000.GA-1064
Superintendent has delegated authority to select personnel and duty to assign personnel, members of school board are not public officials with statutory appointment or confirmation authority for purposes of nepotism statutes whereGA-0123
Superintendent is not a public official subject to the anti-nepotism provisions of chapter 573 of the Government Code when assigning a district employee to a particular district campusGA-0910
The plain terms of section 573.041 prohibit the "appointment" of certain persons, not the ongoing employment of someone already appointedGA-1064
Uncertified teacher, whether person employed as under continuing contract with school district may satisfy continuous employment exception to statutory nepotism prohibition (Clarifies Tex. Att'y Gen. Op. No. JM-861 (1988) and Tex. Att'y Gen. LO-92-075)JC-0185
Victim-assistance coordinator, if the position is unpaid criminal district attorney's spouse may serve asLO98-098
Water district board member subject to section 49.052 of the Water Code is not disqualified if member's son is employed by corporate entity that contracts with districtJC-0585