The commissioners court may approve her claims for payment for representing indigent defendants, but the commissioner whose claim it is must follow the procedure for notice and recusal required by chapter 171. A county commissioner who is a sister of the county attorney is not for that reason involved in a violation of the nepotism law. The county commissioner in this case is not barred from participating as a member of the commissioners court in setting the salary, expenses, and other allowances of the county attorney pursuant to section 152.013 of the Local Government Code or in approving the county attorney's claims for payment pursuant to section 115.021 of the Local Government Code. The former Code of Professional Responsibility admonished lawyers to avoid the appearance of impropriety. No formalities are required to establish the proprietorship.
Any profits belong to the proprietor.
These provisions have been codified as chapter 573 of the Government Code in a nonsubstantive revision of statutes relating to areas of government that affect both state and local entities. Acts 1993, 73d Leg. For purposes of chapter 171 of the Local Government Code, which regulates conflicts of interest involving local public officers, a local public official is considered to have a substantial interest in a business entity or real property if a person related to the official in the first degree by consanguinity or affinity has a substantial interest in the business entity or real property under section 171.002 of the Local Government Code.