GOVERNMENT CODE

CHAPTER 573. DEGREES OF RELATIONSHIP;  NEPOTISM PROHIBITIONS

SUBCHAPTER A. GENERAL PROVISIONS

§ 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

(C)  a judge of a court created by or under a

statute of this state.

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

§ 573.002. DEGREES OF RELATIONSHIP.  Except as provided

by Section 573.043, this chapter applies to relationships within

the third degree by consanguinity[0] or within the second degree by

affinity.

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

SUBCHAPTER B. RELATIONSHIPS BY CONSANGUINITY[0] OR BY AFFINITY

§ 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, § 1, eff. Sept. 1, 1993.

§ 573.022. DETERMINATION OF CONSANGUINITY[0].  (a) Two

individuals are related to each other by consanguinity[0] 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, § 1, eff. Sept. 1, 1993.

§ 573.023. COMPUTATION OF DEGREE OF CONSANGUINITY[0].  (a)

The degree of relationship by consanguinity[0] 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[0], 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.

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

consanguinity[0] 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, § 1, eff. Sept. 1, 1993.

§ 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[0] 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.

(c)  Subsection (b) applies to a member of the board of

trustees 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, § 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 260, § 32, eff. May 30,

1995.

§ 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[0].  For example:  if two individuals

are related to each other in the second degree by consanguinity[0], 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[0] 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[0] in one of the ways named in Section 573.023(c).

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

SUBCHAPTER C. NEPOTISM PROHIBITIONS

§ 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, § 1, eff. Sept. 1, 1993.

§ 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, § 1, eff. Sept. 1, 1993.

§ 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, § 1, eff. Sept. 1, 1993.

§ 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, § 1, eff. Sept. 1, 1993.

SUBCHAPTER D. EXCEPTIONS

§ 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, § 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, § 5.07(a), eff. Sept. 1,

1995;  Acts 1995, 74th Leg., ch. 260, § 33, eff. May 30, 1995;

Acts 1997, 75th Leg., ch. 165, § 31.01(48), eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1026, § 1, eff. June 18, 1999.

§ 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

(C)  one year, if the public official is elected

at the general 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, § 1, eff. Sept. 1, 1993.

SUBCHAPTER E. ENFORCEMENT

§ 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, § 1, eff. Sept. 1, 1993.

§ 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, § 1, eff. Sept. 1, 1993.

§ 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, § 1, eff. Sept. 1, 1993.

§ 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, § 1, eff. Sept. 1, 1993.