Section 100.1137 - Nepotism Prohibitions(a) Prohibition applicable to public official. A public official may not hire, select, appoint, confirm the appointment of, or vote for the hiring, selection, appointment, or confirmation of an individual to a charter position if, within a degree described by Texas Government Code, §§ 573.021 - 573.025, and § 100.1135 of this title (relating to Relationships By Consanguinity or By Affinity): (1) the individual is related to the public official; or(2) the public official holds the authority to hire, select, appoint, confirm the appointment of, or vote for the hiring, selection, appointment, or confirmation as a member of a governing body, and the individual is related to another member of that governing body.(b) Prohibition applicable to candidate. Except for a candidate's actions taken regarding a bona fide class or category of employees or prospective employees, 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 Texas Government Code, §§ 573.021 - 573.025, and § 100.1135 of this title: (1) an employee of the office that the candidate seeks, applies for, is nominated for, or is considered for; or (2) an employee or officer under the direction or control of a governing body, if the candidate seeks, applies for, is nominated for, or is considered for membership on that governmental body.(c) Prohibition applicable to trading. A public official may not hire, select, appoint, confirm the appointment of, or vote for the hiring, selection, appointment, or confirmation of an individual to a charter position in which the individual's services are under the public official's direction or control if, within a degree described by Texas Government Code, §§ 573.021 - 573.025, and § 100.1135 of this title: (1) the individual is related to another public official; or(2) the hiring, selection, appointment, confirmation, or vote would be carried out in whole or partial consideration for the other public official hiring, selecting, appointing, confirming, or voting for an individual who is related to the first public official.19 Tex. Admin. Code § 100.1137
Adopted by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7891, eff. 10/2/2024