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
(C) a judge of a court created by or under a statute of this
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.
(c) An individual's relatives within the third degree by
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.
(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, 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
(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, 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.