Skip to main content

Nepotism

Summaries

KP-0045
Ken Paxton

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 Hospital

KP-0157
Ken Paxton

Public official may appoint close relative to volunteer position that provides reimbursement for incurred expenses but no compensation

GA-0073
Greg Abbott

Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University Board of Regents from employing spouse of university president|Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University from employing spouse of university president|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 Code|Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|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 Code

GA-0121
Greg Abbott

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 w|Nepotism, 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 was reele

GA-0123
Greg Abbott

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 statues where|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 where|Nepotism prohibition, trustees are not public officials with statutory appointment or confirmation authority for purposes of if superintendent has final authority

GA-0177
Greg Abbott

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 personnel|Nepotism, 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 personnel

GA-0187
Greg Abbott

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 direc|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 |Nepotism provision prohibiting a chief appraiser from employing the close relative of an appraisal district director, the continuous employment in the general nepotism statute, Government Code chapter 573, does not apply

GA-0226
Greg Abbott

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-nep|Nepotism statutes, municipal governing board does not avoid the application of by delegating, to the city manager, in its city charter, authority to appoint department heads "subject to consultation with the" governing board|Nepotism statutes, members of the governing board of a home-rule municipality that has, in its city charter, delegated authority to its city manager to appoint department heads "subject to consultation with the" board are public officials subject to the

GA-0415
Greg Abbott

Nepotism law prohibits junior college from employing instructor related within a prohibited degree to a member of its governing board|Junior college board of trustees, which has final authority to employ faculty and other personnel, is subject to nepotism law

GA-0419
Greg Abbott

Sheriff's son, nepotism statute does not prohibit private organization that contracts with county for operation of private detention center from hiring|Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention center|Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention center.

GA-0595
Greg Abbott

Nepotism statutes (Government Code chapter 573) do 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 manager|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 manager

GA-0794
Greg Abbott

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 from|Employing persons related to school district board members within the degrees described in chapter 573 of the Government Code, school districts, with the exception of those described in section 11.1513(g) of the Education Code, are prohibited from

GA-0910
Greg Abbott

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 campus

GA-1016
Greg Abbott

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 degree|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 office

GA-1024
Greg Abbott

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 consanguinity|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, respectively|Government Code section 573.062 provides an exception to nepotism prohibition in Gov\\'t Code section 573.041 provided employment is continuous|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.|Determining whether employment was \\"continuous\\" under Government Code section 573.062(a)(2)depends on specific circumstances|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\\" employment|Determining whether employment was \\"continuous\\" under Government Code section 573.062(a)(2)depends on specific circumstances of a school district, the employee, and the terms of the underlying employment contract and is a determination to be made by the District in the first instance

GA-1064
Greg Abbott

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.|The plain terms of section 573.041 prohibit the \\"appointment\\" of certain persons, not the ongoing employment of someone already appointed|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 35,000

DM-0002
Dan Morales

Brother of city council member may not be hired by city, even if city council delegated hiring authority to city administrator | Hold-over officer, nepotism law applies to | Prior continuous service exception, which period applies when city employee's brother is appointed to elective city office

DM-0046
Dan Morales

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 to|Nepotism prohibitions, merit raise given to spouse of superintendent of Department's school who is employed at the same facility is not raise given to a bona fide category of employees for the purposes of|Bona fide category of employees

DM-0076
Dan Morales

Independent contractor is governed by nepotism law |Second cousins are not covered by Nepotism law, article 5996a, Revised Civil Statutes

DM-0132
Dan Morales

Marriage to school board member, school district employee may retain position if continuously employed for six months prior to election of spouse|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 board|Principal of school, nepotism prohibitions do not apply to|Independent contractors, nepotism prohibitions apply to|Principal is employee, not officer responsible for hiring, and therefore not subject to nepotism prohibitions

DM-0163
Dan Morales

Nepotism prohibitions, executive director of municipal housing authority is not subject to|Municipal housing authority, executive director of has no statutory power to hire and therefore is not subject to anti-nepotism statutes

DM-0208
Dan Morales

Person related to district court judge, director of county community supervision and corrections department may hire

JC-0184
John Cornyn

Abstention by district board member from participating in action to employ her spouse did not cure violation of nepotism law|Board member's abstention from participating in action to employ her spouse did not cure violation of nepotism law

JC-0185
John Cornyn

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)|Nepotism prohibition, whether person employed as uncertified teacher under continuing contract with district may satisfy continuous employment exception to statutory (Clarifies Tex. Att'y Gen. Op. No. JM-861 (1988) and Tex. Att'y Gen. LO-92-075)|Nepotism prohibition, whether school district may "promote" to position of certified teacher the sibling of a trustee who has been employed as an uncertified teacher for the district for six months prior to trustee's election (Clarifies Tex. Att'y Gen. Op|Continuous employment

JC-0193
John Cornyn

Nepotism laws, chief of police may not finally approve interdepartmental transfers of son or nephew involving no change in salary if approval permits chief to exercise discretion|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 degree|Change in status

JC-0336
John Cornyn

Promote to rank of lieutenant, police chief may not finally select nephew from list of three qualified senior officers|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 promotion|Assign duties to close relative who satisfies continuous-employment requirement, public official may if assignment does not result in change of employment status|Nepotism statute, police chief's nephew may be promoted to rank of lieutenant if collective-bargaining agreement assigns final authority for promotion to official other than police chief consistently with, and police chief may assign duties among lieutena|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 promotion, so that close relative may

JC-0378
John Cornyn

Open-enrollment charter school, members of board of nonprofit corporation that operates and of board that governs school are not subject to statute prohibiting nepotism|Open-enrollment charter school, directors of nonprofit corporation that operate, and of school governing board are not subject to statute prohibiting nepotism|Local governmental entity|Open-enrollment charter school, members of board of nonprofit corporation that operates are not subject to statute that regulates local public officers' conflicts of interest or statute that prohibits nepotism|Open-enrollment charter school operated by nonprofit corporation, members of board that operates open-enrollment charter school and members of school governing board are not subject to statute regulating local public officers' conflicts of interest

JC-0442
John Cornyn

Retirement|Continuous-employment|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 district|Nepotistic hiring, 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

JC-0546
John Cornyn

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 chief|City Council member's son with four years continuous service in his position before her election to the council may be promoted to police chief of city

JC-0558
John Cornyn

Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding|Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding and whether other city commissioners may vote for|Deliberation

JC-0585
John Cornyn

Water district board member subject to section 49.058 of the Water Code must comply with statutory conflict-of-interest provisions if her son is employed by company that operates district's water and wastewater system|Disqualified, member of water district board is not disqualified if member's son is employed by corporate entity that contracts with district|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 district|Person

JM-1175
Jim Mattox

Department may hire son of Finance Commission member because Banking Commissioner's hiring decisions are not subject to control of Finance Commission|Son of Finance Commission member, Banking Department may hire because Banking Commissioner's hiring decisions are not subject to control of Finance Commission

JM-1188
Jim Mattox

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 sheriff