CHAPTER 573. DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS

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Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-573-degrees-of-relationship-nepotism-prohibitions

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE B. ETHICS

CHAPTER 573. DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 573.001. DEFINITIONS. In this chapter:

(1) "Candidate" has the meaning assigned by Section 251.001,

Election Code.

(2) "Position" includes an office, clerkship, employment, or

duty.

(3) "Public official" means:

(A) an officer of this state or of a district, county,

municipality, precinct, school district, or other political

subdivision of this state;

(B) an officer or member of a board of this state or of a

district, county, municipality, school district, or other

political subdivision of this state; or

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.002. DEGREES OF RELATIONSHIP. Except as provided by

Section 573.043, this chapter applies to relationships within the

third degree by consanguinity or within the second degree by

affinity.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. RELATIONSHIPS BY CONSANGUINITY OR BY AFFINITY

Sec. 573.021. METHOD OF COMPUTING DEGREE OF RELATIONSHIP. The

degree of a relationship is computed by the civil law method.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.022. DETERMINATION OF CONSANGUINITY. (a) Two

individuals are related to each other by consanguinity if:

(1) one is a descendant of the other; or

(2) they share a common ancestor.

(b) An adopted child is considered to be a child of the adoptive

parent for this purpose.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.023. COMPUTATION OF DEGREE OF CONSANGUINITY. (a) The

degree of relationship by consanguinity between an individual and

the individual's descendant is determined by the number of

generations that separate them. A parent and child are related in

the first degree, a grandparent and grandchild in the second

degree, a great-grandparent and great-grandchild in the third

degree and so on.

(b) If an individual and the individual's relative are related

by consanguinity, but neither is descended from the other, the

degree of relationship is determined by adding:

(1) the number of generations between the individual and the

nearest common ancestor of the individual and the individual's

relative; and

(2) the number of generations between the relative and the

nearest common ancestor.

consanguinity are the individual's:

(1) parent or child (relatives in the first degree);

(2) brother, sister, grandparent, or grandchild (relatives in

the second degree); and

(3) great-grandparent, great-grandchild, aunt who is a sister of

a parent of the individual, uncle who is a brother of a parent of

the individual, nephew who is a child of a brother or sister of

the individual, or niece who is a child of a brother or sister of

the individual (relatives in the third degree).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.024. DETERMINATION OF AFFINITY. (a) Two individuals

are related to each other by affinity if:

(1) they are married to each other; or

(2) the spouse of one of the individuals is related by

consanguinity to the other individual.

(b) The ending of a marriage by divorce or the death of a spouse

ends relationships by affinity created by that marriage unless a

child of that marriage is living, in which case the marriage is

considered to continue as long as a child of that marriage lives.

of or an officer of a school district only until the youngest

child of the marriage reaches the age of 21 years.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 32, eff. May

30, 1995.

Sec. 573.025. COMPUTATION OF DEGREE OF AFFINITY. (a) A husband

and wife are related to each other in the first degree by

affinity. For other relationships by affinity, the degree of

relationship is the same as the degree of the underlying

relationship by consanguinity. For example: if two individuals

are related to each other in the second degree by consanguinity,

the spouse of one of the individuals is related to the other

individual in the second degree by affinity.

(b) An individual's relatives within the third degree by

affinity are:

(1) anyone related by consanguinity to the individual's spouse

in one of the ways named in Section 573.023(c); and

(2) the spouse of anyone related to the individual by

consanguinity in one of the ways named in Section 573.023(c).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER C. NEPOTISM PROHIBITIONS

Sec. 573.041. PROHIBITION APPLICABLE TO PUBLIC OFFICIAL. A

public official may not appoint, confirm the appointment of, or

vote for the appointment or confirmation of the appointment of an

individual to a position that is to be directly or indirectly

compensated from public funds or fees of office if:

(1) the individual is related to the public official within a

degree described by Section 573.002; or

(2) the public official holds the appointment or confirmation

authority as a member of a state or local board, the legislature,

or a court and the individual is related to another member of

that board, legislature, or court within a degree described by

Section 573.002.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.042. PROHIBITION APPLICABLE TO CANDIDATE. (a) A

candidate may not take an affirmative action to influence the

following individuals regarding the appointment, reappointment,

confirmation of the appointment or reappointment, employment,

reemployment, change in status, compensation, or dismissal of

another individual related to the candidate within a degree

described by Section 573.002:

(1) an employee of the office to which the candidate seeks

election; or

(2) an employee or another officer of the governmental body to

which the candidate seeks election, if the office the candidate

seeks is one office of a multimember governmental body.

(b) The prohibition imposed by this section does not apply to a

candidate's actions taken regarding a bona fide class or category

of employees or prospective employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.043. PROHIBITION APPLICABLE TO DISTRICT JUDGE. A

district judge may not appoint as official stenographer of the

judge's district an individual related to the judge or to the

district attorney of the district within the third degree.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.044. PROHIBITION APPLICABLE TO TRADING. A public

official may not appoint, confirm the appointment of, or vote for

the appointment or confirmation of the appointment of an

individual to a position in which the individual's services are

under the public official's direction or control and that is to

be compensated directly or indirectly from public funds or fees

of office if:

(1) the individual is related to another public official within

a degree described by Section 573.002; and

(2) the appointment, confirmation of the appointment, or vote

for appointment or confirmation of the appointment would be

carried out in whole or partial consideration for the other

public official appointing, confirming the appointment, or voting

for the appointment or confirmation of the appointment of an

individual who is related to the first public official within a

degree described by Section 573.002.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER D. EXCEPTIONS

Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not

apply to:

(1) an appointment to the office of a notary public or to the

confirmation of that appointment;

(2) an appointment of a page, secretary, attendant, or other

employee by the legislature for attendance on any member of the

legislature who, because of physical infirmities, is required to

have a personal attendant;

(3) a confirmation of the appointment of an appointee appointed

to a first term on a date when no individual related to the

appointee within a degree described by Section 573.002 was a

member of or a candidate for the legislature, or confirmation on

reappointment of the appointee to any subsequent consecutive

term;

(4) an appointment or employment of a bus driver by a school

district if:

(A) the district is located wholly in a county with a population

of less than 35,000; or

(B) the district is located in more than one county and the

county in which the largest part of the district is located has a

population of less than 35,000;

(5) an appointment or employment of a personal attendant by an

officer of the state or a political subdivision of the state for

attendance on the officer who, because of physical infirmities,

is required to have a personal attendant;

(6) an appointment or employment of a substitute teacher by a

school district; or

(7) an appointment or employment of a person by a municipality

that has a population of less than 200.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.07(a), eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 33, eff. May

30, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 31.01(48), eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1026, Sec. 1, eff. June

18, 1999.

Sec. 573.062. CONTINUOUS EMPLOYMENT. (a) A nepotism

prohibition prescribed by Section 573.041 or by a municipal

charter or ordinance does not apply to an appointment,

confirmation of an appointment, or vote for an appointment or

confirmation of an appointment of an individual to a position if:

(1) the individual is employed in the position immediately

before the election or appointment of the public official to whom

the individual is related in a prohibited degree; and

(2) that prior employment of the individual is continuous for at

least:

(A) 30 days, if the public official is appointed;

(B) six months, if the public official is elected at an election

other than the general election for state and county officers; or

election for state and county officers.

(b) If, under Subsection (a), an individual continues in a

position, the public official to whom the individual is related

in a prohibited degree may not participate in any deliberation or

voting on the appointment, reappointment, confirmation of the

appointment or reappointment, employment, reemployment, change in

status, compensation, or dismissal of the individual if that

action applies only to the individual and is not taken regarding

a bona fide class or category of employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER E. ENFORCEMENT

Sec. 573.081. REMOVAL IN GENERAL. (a) An individual who

violates Subchapter C or Section 573.062(b) shall be removed from

the individual's position. The removal must be made in accordance

with the removal provisions in the constitution of this state, if

applicable. If a provision of the constitution does not govern

the removal, the removal must be by a quo warranto proceeding.

(b) A removal from a position shall be made immediately and

summarily by the original appointing authority if a criminal

conviction against the appointee for a violation of Subchapter C

or Section 573.062(b) becomes final. If the removal is not made

within 30 days after the date the conviction becomes final, the

individual holding the position may be removed under Subsection

(a).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.082. REMOVAL BY QUO WARRANTO PROCEEDING. (a) A quo

warranto proceeding under this chapter must be brought by the

attorney general in a district court in Travis County or in a

district court of the county in which the defendant resides.

(b) The district or county attorney of the county in which a

suit is filed under this section shall assist the attorney

general at the attorney general's discretion.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.083. WITHHOLDING PAYMENT OF COMPENSATION. A public

official may not approve an account or draw or authorize the

drawing of a warrant or order to pay the compensation of an

ineligible individual if the official knows the individual is

ineligible.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 573.084. CRIMINAL PENALTY. (a) An individual commits an

offense involving official misconduct if the individual violates

Subchapter C or Section 573.062(b) or 573.083.

(b) An offense under this section is a misdemeanor punishable by

a fine not less than $100 or more than $1,000.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

State Codes and Statutes

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