Nepotism

Background

Nepotism is defined as favoritism shown to relatives by those in power, such as special treatment in hiring.

In Texas it is illegal for a public official to hire, appoint or approve payment for certain relatives. (“Public official” is defined as an officer of this state; an officer or member of a board of this state; or a judge of a court created by or under a statute of this state. The office of the Attorney General [OAG] has issued an opinion stating that the nepotism law applies only to officials with appointment [hiring] or confirmation power. To find out where the hiring authority lies with specific governmental entities, the OAG generally examines the entity’s enabling law to determine what was established by the Legislature.) The law determines which relatives are ineligible to receive jobs or payment from public officials. This determination is made based on the degree of blood or ancestral relationship to the public official (consanguinity), or by relationship established through marriage (affinity).

State law specifies that only relationships within the third degree of consanguinity or the second degree of affinity are affected by the nepotism prohibition.

Note: An adopted child is treated as a natural child in determining who is affected by the prohibition.

A public official who violates the nepotism prohibition commits an offense involving official misconduct. The offense is a misdemeanor punishable by a fine not less than $100 or more than $1,000.

Source

Texas Government Code, Sections 573.001-573.025, 573.041, 573.043, 573.083, 573.084.