Nepotism
Summaries
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
Ken Paxton
Public official may appoint close relative to volunteer position that provides reimbursement for incurred expenses but no compensation
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
Dan Morales
Independent contractor is governed by nepotism law |Second cousins are not covered by Nepotism law, article 5996a, Revised Civil Statutes
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
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
Dan Morales
Person related to district court judge, director of county community supervision and corrections department may hire
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
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
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
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
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
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
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
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
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
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
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
Ken Paxton
County judge’s brother’s candidacy for sheriff does not violate nepotism or conflict-of-interest statutes in described circumstances
Ken Paxton
Applicability of conflict-of-interest provisions in Local Government Code chapter 171 and nepotism provisions in Government Code chapter 573 to county attorney
Ken Paxton
A commissioners court may delegate to the county judge its implied authority to employ persons. A court would likely conclude that a county judge who is delegated such authority is prohibited by the anti-nepotism prohibition in Government Code section 573.041 from appointing the spouse of a county commissioner to a paid county position.
Ken Paxton
The continued employment of a chief appraiser whose sibling is elected county tax assessor-collector and, as a result, begins serving as a member of the appraisal district board of directors