reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.031. Determination of Compliance With Subchapter

Sec. 572.031.  DETERMINATION OF COMPLIANCE WITH SUBCHAPTER.  (a)  The commission shall conduct a continuing survey to determine whether all individuals required to file financial statements under this subchapter have filed statements in compliance with this subchapter.
(b)  If the commission determines that an individual has failed to file the statement in compliance with this subchapter, the commission shall send a written statement of the determination to the appropriate prosecuting attorneys of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.032. Public Access to Statements

Sec. 572.032.  PUBLIC ACCESS TO STATEMENTS.  (a)  Financial statements filed under this subchapter are public records.  The commission shall maintain the statements in separate alphabetical files and in a manner that is accessible to the public during regular office hours.
Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 983 (H.B. 776), Sec. 1
(a-1)  The commission shall remove the home address, the telephone number, and the names of the dependent children of an individual from a financial statement filed by the individual under this subchapter before:
(1)  permitting a member of the public to view the statement;
(2)  providing a copy of the statement to a member of the public; or
(3)  making the statement available to the public on the commission's Internet website, if the commission makes statements filed under this subchapter available on its website.
Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 15
(a-1)  Before permitting a member of the public to view a financial statement filed under this subchapter or providing a copy of the statement to a member of the public, the commission shall remove from the statement, if applicable, the home address of:
(1)  a judge or justice; or
(2)  a member of the governing board or executive head of the Texas Civil Commitment Office.
(b)  During the one-year period following the filing of a financial statement, each time a person requests to see the financial statement, excluding the commission or a commission employee acting on official business, the commission shall place in the file a statement of the person's name and address, whom the person represents, and the date of the request.  The commission shall retain that statement in the file for one year after the date the requested financial statement is filed.
(c)  After the second anniversary of the date the individual ceases to be a state officer, the commission may and on notification from the former state officer shall destroy each financial statement filed by the state officer.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 638 (H.B. 842), Sec. 1, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 15, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 983 (H.B. 776), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.033. Civil Penalty

Sec. 572.033.  CIVIL PENALTY.  (a)  The commission shall determine from any available evidence whether a statement required to be filed under this subchapter is late.  On making a determination that the statement is late, the commission shall immediately mail a notice of the determination to the individual responsible for filing the statement and to the appropriate attorney for the state.
(b)  If a statement is determined to be late, the individual responsible for filing the statement is liable to the state for a civil penalty of $500. If a statement is more than 30 days late, the commission shall issue a warning of liability by registered mail to the individual responsible for the filing.  If the penalty is not paid before the 10th day after the date on which the warning is received, the individual is liable for a civil penalty in an amount determined by commission rule, but not to exceed $10,000.
(c)  This section is cumulative of any other available sanction for a late filing of a sworn statement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 5.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.034. Criminal Penalty

Sec. 572.034.  CRIMINAL PENALTY.  (a)  An individual commits an offense if the individual is a state officer or candidate or state party chair and knowingly and wilfully fails to file a financial statement as required by this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  In a prosecution for failure to file a financial statement under this section, it is a defense that the individual did not receive copies of the financial statement form required by this subchapter to be mailed to the individual.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1253 (H.B. 1945), Sec. 5, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.035. Removal of Personal Information for Federal Judges, State Judges, and Family Members

Sec. 572.035.  REMOVAL OF PERSONAL INFORMATION FOR FEDERAL JUDGES, STATE JUDGES, AND FAMILY MEMBERS.  (a)  On receiving notice from the Office of Court Administration of the Texas Judicial System of the judge's qualification for the judge's office, the commission shall remove or redact from any financial statement, or information derived from a financial statement, that is available to the public the residence address of a federal judge, including a federal bankruptcy judge, a state judge, or a family member of a federal judge, including a federal bankruptcy judge, or a state judge.
(b)  In this section, "family member" has the meaning assigned by Section 31.006, Finance Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 19, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.052. Representation by Legislators Before State Agencies; Criminal Offense

Sec. 572.052.  REPRESENTATION BY LEGISLATORS BEFORE STATE AGENCIES;  CRIMINAL OFFENSE.  (a)  A member of the legislature may not, for compensation, represent another person before a state agency in the executive branch of state government unless the representation:
(1)  is pursuant to an attorney-client relationship in a criminal law matter;  or
(2)  involves the filing of documents that involve only ministerial acts on the part of the commission, agency, board, department, or officer.
(b)  A member of the legislature commits an offense if the member violates this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 15, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 249, Sec. 5.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.053. Voting by Legislators on Certain Measures or Bills; Criminal Offense

Sec. 572.053.  VOTING BY LEGISLATORS ON CERTAIN MEASURES OR BILLS;  CRIMINAL OFFENSE.  (a)  A member of the legislature may not vote on a measure or a bill, other than a measure that will affect an entire class of business entities, that will directly benefit a specific business transaction of a business entity in which the member has a controlling interest.
(b)  In this section, "controlling interest" includes:
(1)  an ownership interest or participating interest by virtue of shares, stock, or otherwise that exceeds 10 percent;
(2)  membership on the board of directors or other governing body of the business entity;  or
(3)  service as an officer of the business entity.
(c)  A member of the legislature commits an offense if the member violates this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.0531. Notice Required for Introduction or Sponsorship of or Voting on Certain Measures or Bills by Legislators

Sec. 572.0531.  NOTICE REQUIRED FOR INTRODUCTION OR SPONSORSHIP OF OR VOTING ON CERTAIN MEASURES OR BILLS BY LEGISLATORS.  (a)  A member shall file a notice as required by Subsection (b) before introducing, sponsoring, or voting on a measure or bill if the member's spouse or a person related to the member within the first degree by consanguinity, as determined under Subchapter B, Chapter 573, is registered as a lobbyist under Chapter 305 with respect to the subject matter of the measure or bill.
(b)  A member of the house of representatives to whom Subsection (a) applies shall file a written notice of that fact with the chief clerk of the house of representatives.  A senator to whom Subsection (a) applies shall file a written notice of that fact with the secretary of the senate.  The member shall also file a notice with the commission.  A notice filed under this subsection must:
(1)  identify:
(A)  the member;
(B)  the measure, bill, or class of measures or bills with respect to which the notice is required under this section;  and
(C)  the person registered as a lobbyist;  and
(2)  be included in the journal of the house to which the member belongs.
(c)  A person related to the member to whom Subsection (a) applies shall file a notice with the commission identifying:
(1)  the person;
(2)  the member;  and
(3)  the class of measures or bills with respect to which notice is required under this section.
(d)  A person related to the member to whom Subsection (a) applies shall file the notice required by Subsection (c) not later than:
(1)  the beginning of a regular or special legislative session as to which the person is registered as a lobbyist under Chapter 305 and will communicate directly with a member of the legislative branch with respect to the measure, bill, or class of measures or bills;  or
(2)  the seventh business day after the day the person agrees to accept reimbursement or compensation to communicate directly with a member of the legislative branch with respect to the measure, bill, or class of measures or bills, if the person agrees to accept the reimbursement or compensation after the beginning of a legislative session.
(e)  A member of the legislature who violates this section is subject to discipline by the house to which the member belongs, as provided by Section 11, Article III, Texas Constitution.
(f)  In this section, "communicates directly with" and "member of the legislative branch" have the meanings assigned by Section 305.002.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 5.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.055. Certain Solicitations of Regulated Business Entities Prohibited; Criminal Offense

Sec. 572.055.  CERTAIN SOLICITATIONS OF REGULATED BUSINESS ENTITIES PROHIBITED;  CRIMINAL OFFENSE.  (a)  An association or organization of employees of a regulatory agency may not solicit, accept, or agree to accept anything of value from a business entity regulated by that agency and from which the business entity must obtain a permit to operate that business in this state or from an individual directly or indirectly connected with that business entity.
(b)  A business entity regulated by a regulatory agency and from which the business entity must obtain a permit to operate that business in this state or an individual directly or indirectly connected with that business entity may not offer, confer, or agree to confer on an association or organization of employees of that agency anything of value.
(c)  This section does not apply to an agency regulating the operation or inspection of motor vehicles or an agency charged with enforcing the parks and wildlife laws of this state.
(d)  A person commits an offense if the person intentionally or knowingly violates this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.056. Contracts by State Officers With Governmental Entities; Criminal Offense

Sec. 572.056.  CONTRACTS BY STATE OFFICERS WITH GOVERNMENTAL ENTITIES;  CRIMINAL OFFENSE.  (a)  A state officer may not solicit or accept from a governmental entity a commission, fee, bonus, retainer, or rebate that is compensation for the officer's personal solicitation for the award of a contract for services or sale of goods to a governmental entity.
(b)  This section does not apply to:
(1)  a contract that is awarded by competitive bid as provided by law and that is not otherwise prohibited by law;  or
(2)  a court appointment.
(c)  In this section, "governmental entity" means the state, a political subdivision of the state, or a governmental entity created under the Texas Constitution or a statute of this state.
(d)  A state officer who violates this section commits an offense.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.057. Certain Leases Prohibited

Sec. 572.057.  CERTAIN LEASES PROHIBITED.  (a)  Except as provided by Subsection (d), a member of the legislature, an executive or judicial officer elected in a statewide election, or a business entity in which the legislator or officer has a substantial interest may not lease any office space or other real property to the state, a state agency, the legislature or a legislative agency, the Supreme Court of Texas, the Court of Criminal Appeals, or a state judicial agency.
(b)  A lease made in violation of Subsection (a) is void.
(c)  This section does not apply to an individual who is an elected officer on June 16, 1989, for as long as the officer holds that office.
(d)  A member of the legislature or a business entity in which the legislator has a substantial interest may donate the use of office space that the member or entity owns and that is located in the member's district to the house of the legislature in which the member serves to be used for the member's official business.  Office space donated under this subsection is not a contribution for purposes of Title 15, Election Code.  Acceptance of a donation of office space under this subsection is not subject to Section 301.032.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 293 (H.B. 1256), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.058. Private Interest in Measure or Decision; Disclosure; Removal From Office for Violation

Sec. 572.058.  PRIVATE INTEREST IN MEASURE OR DECISION;  DISCLOSURE;  REMOVAL FROM OFFICE FOR VIOLATION.  (a)  An elected or appointed officer, other than an officer subject to impeachment under Article XV, Section 2, of the Texas Constitution, who is a member of a board or commission having policy direction over a state agency and who has a personal or private interest in a measure, proposal, or decision pending before the board or commission shall publicly disclose the fact to the board or commission in a meeting called and held in compliance with Chapter 551.  The officer may not vote or otherwise participate in the decision.  The disclosure shall be entered in the minutes of the meeting.
(b)  An individual who violates this section is subject to removal from office on the petition of the attorney general on the attorney general's own initiative or on the relation of a resident or of any other member of the board or commission.  The suit must be brought in a district court of Travis County or of the county where the violation is alleged to have been committed.
(c)  If the court or jury finds from a preponderance of the evidence that the defendant violated this section and that an ordinary prudent person would have known the individual's conduct to be a violation of this section, the court shall enter judgment removing the defendant from office.
(d)  A suit under this section must be brought before the second anniversary of the date the violation is alleged to have been committed, or the suit is barred.
(e)  The remedy provided by this section is cumulative of other methods of removal from office provided by the Texas Constitution or a statute of this state.
(f)  In this section, "personal or private interest" has the same meaning as is given to it under Article III, Section 22, of the Texas Constitution, governing the conduct of members of the legislature.  For purposes of this section, an individual does not have a "personal or private interest" in a measure, proposal, or decision if the individual is engaged in a profession, trade, or occupation and the individual's interest is the same as all others similarly engaged in the profession, trade, or occupation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.059. Independence of State and Local Officers Acting in Legislative Capacity

Sec. 572.059.  INDEPENDENCE OF STATE AND LOCAL OFFICERS ACTING IN LEGISLATIVE CAPACITY.  (a)  In this section, "legislative measure" includes:
(1)  a bill, resolution, order, or other proposal to adopt, enact, amend, or repeal a statute, ordinance, rule, or policy of general application;
(2)  a proposal to adopt, enact, amend, or repeal, or to grant a variance or other exception to, a zoning ordinance;  or
(3)  a proposed constitutional amendment or charter amendment subject to a vote of the electorate.
(b)  For purposes of Subsection (a), a measure that is applicable to a class or subset of persons or matters that is defined in general terms without naming the particular persons or matters is a measure of general application.
(c)  To protect the independence of state and local officers acting in a legislative capacity, a state or local officer, whether elected or appointed, including a member of the governing body of a school district or other political subdivision of this state, may not be subject to disciplinary action or a sanction, penalty, disability, or liability for:
(1)  an action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure;
(2)  proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure;
(3)  the effect of a legislative measure or of a change in law proposed by a legislative measure on any person;  or
(4)  a breach of duty, in connection with the member's practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information, or to obtain a waiver or consent from any person, regarding:
(A)  the officer's actions relating to a legislative measure;  or
(B)  the substance, effects, or potential effects of a legislative measure.
Added by Acts 2003, 78th Leg., ch. 1206, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.060. Solicitation of or Recommendations Regarding Contributions to Charitable Organizations and Governmental Entities

Sec. 572.060.  SOLICITATION OF OR RECOMMENDATIONS REGARDING CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS AND GOVERNMENTAL ENTITIES.  (a)  Unless otherwise prohibited by the Code of Judicial Conduct, a state officer or state employee may:
(1)  solicit from any person a contribution to:
(A)  an organization that:
(i)  is exempt from income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed under Section 501(c)(3) of that code;
(ii)  does not attempt to influence legislation as a substantial part of the organization's activities; and
(iii)  has not elected under Section 501(h), Internal Revenue Code of 1986, to have that subsection apply to the organization; or
(B)  a governmental entity; or
(2)  recommend to any person that the person make a contribution to an organization or entity described by Subdivision (1).
(b)  A monetary contribution solicited or recommended as provided by Subsection (a) must:
(1)  be paid or made directly to the charitable organization or governmental entity by the person making the contribution;
(2)  be in the form of a check, money order, or similar instrument payable to the charitable organization or governmental entity; or
(3)  be in the form of a deduction from a state employee's salary or wage payment under the state employee charitable campaign under Subchapter I, Chapter 659.
(c)  A contribution solicited or recommended as provided by Subsection (a) that is not a monetary contribution must be delivered directly to the charitable organization or governmental entity by the person making the contribution.
(d)  A contribution paid as provided by Subsection (b) or delivered as provided by Subsection (c) is not:
(1)  a political contribution to, or political expenditure on behalf of, the state officer or state employee for purposes of Title 15, Election Code;
(2)  an expenditure for purposes of Chapter 305; or
(3)  a benefit to the state officer or state employee for purposes of Sections 36.08 and 36.09, Penal Code.
Added by Acts 2005, 79th Leg., Ch. 53 (H.B. 762), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.061. Certain Gratuities Authorized

Sec. 572.061.  CERTAIN GRATUITIES AUTHORIZED.  This subchapter does not prohibit the acceptance of a gratuity that is accepted and reported in accordance with Section 11.0262, Parks and Wildlife Code.
Added by Acts 2005, 79th Leg., Ch. 639 (H.B. 2685), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter C. Standards of Conduct and Conflict of Interest Provisions › Section 572.069. Certain Employment for Former State Officer or Employee Restricted

Sec. 572.069.  CERTAIN EMPLOYMENT FOR FORMER STATE OFFICER OR EMPLOYEE RESTRICTED.  A former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving a person may not accept employment from that person before the second anniversary of the date the contract is signed or the procurement is terminated or withdrawn.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 4, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter A. General Provisions › Section 573.001. Definitions

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter A. General Provisions › Section 573.002. Degrees of Relationship

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter B. Relationships by Consanguinity or by Affinity › Section 573.021. Method of Computing Degree of Relationship

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter B. Relationships by Consanguinity or by Affinity › Section 573.022. Determination of Consanguinity

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter B. Relationships by Consanguinity or by Affinity › Section 573.023. Computation of Degree of Consanguinity

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter B. Relationships by Consanguinity or by Affinity › Section 573.024. Determination of Affinity

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter B. Relationships by Consanguinity or by Affinity › Section 573.025. Computation of Degree of Affinity

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter C. Nepotism Prohibitions › Section 573.041. Prohibition Applicable to Public Official

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter C. Nepotism Prohibitions › Section 573.042. Prohibition Applicable to Candidate

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter C. Nepotism Prohibitions › Section 573.043. Prohibition Applicable to District Judge

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter C. Nepotism Prohibitions › Section 573.044. Prohibition Applicable to Trading

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter D. Exceptions › Section 573.061. General 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;
(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; or
(C)  the board of trustees of the district approves the appointment or employment;
(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;
(7)  an appointment or employment of a person by a municipality that has a population of less than 200; or
(8)  an appointment of an election clerk under Section 32.031, Election Code, who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 14, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 320 (H.B. 1789), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter D. Exceptions › Section 573.062. Continuous Employment

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter E. Enforcement › Section 573.081. Removal in General

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter E. Enforcement › Section 573.082. Removal by Quo Warranto Proceeding

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter E. Enforcement › Section 573.083. Withholding Payment of Compensation

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 573 - Degrees of Relationship; Nepotism Prohibitions › Subchapter E. Enforcement › Section 573.084. Criminal Penalty

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.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 574 - Dual Office Holding › Section 574.001. Finding of Constitutional Compliance

Sec. 574.001.  FINDING OF CONSTITUTIONAL COMPLIANCE.  (a)  A nonelective state officer may not accept an offer to serve in another nonelective office unless the officer obtains from the governing body or, if there is not a governing body, the executive head of the agency, division, department, or institution with which the officer is associated a finding that the officer has satisfied Article XVI, Section 40, of the Texas Constitution.
(b)  A person may hold the office of municipal judge for more than one municipality at the same time if each office is filled by appointment.  The holding of these offices at the same time is of benefit to this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 37, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 574 - Dual Office Holding › Section 574.002. Record

Sec. 574.002.  RECORD.  A governing body or executive head shall make a record of:
(1)  a finding under Section 574.001;  and
(2)  any compensation that the nonelective officer is to receive from holding the additional office, including salary, bonus, or per diem payment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 574 - Dual Office Holding › Section 574.003. Rules

Sec. 574.003.  RULES.  A governing body or executive head shall adopt rules to implement this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 574 - Dual Office Holding › Section 574.004. Assistance by Attorney General

Text of section effective until January 01, 2025
Sec. 574.004.  ASSISTANCE BY ATTORNEY GENERAL.  This chapter does not prevent the attorney general from providing assistance to district attorneys, criminal district attorneys, and county attorneys on request by allowing assistant attorneys general to serve as duly appointed and deputized assistant prosecutors, nor does this chapter prohibit the appointment of an assistant attorney general as an attorney pro tem pursuant to Article 2.07, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 785, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 3, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.101, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 574 - Dual Office Holding › Section 574.004. Assistance by Attorney General

Text of section effective on January 01, 2025
Sec. 574.004.  ASSISTANCE BY ATTORNEY GENERAL.  This chapter does not prevent the attorney general from providing assistance to district attorneys, criminal district attorneys, and county attorneys on request by allowing assistant attorneys general to serve as duly appointed and deputized assistant prosecutors, nor does this chapter prohibit the appointment of an assistant attorney general as an attorney pro tem pursuant to Article 2A.104, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 785, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 3, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.101, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 574 - Dual Office Holding › Section 574.005. Local Government Officers on State Governing Bodies

Sec. 574.005.  LOCAL GOVERNMENT OFFICERS ON STATE GOVERNING BODIES.  (a)  In this section:
(1)  "Local government" means a county, a municipality, a special district or authority, or another political subdivision of this state.
(2)  "State agency" means a department, commission, board, office, council, authority, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code.
(b)  An individual who holds an elected or appointed local government office may be appointed to the governing body of a state agency if otherwise eligible.  The individual may not receive compensation for serving on the governing body of the state agency but may be reimbursed as provided by other law for a reasonable and necessary expense incurred in the performance of an official function.
(c)  Rules adopted under Section 574.003 are not required to implement this section.
Added by Acts 2003, 78th Leg., ch. 879, Sec. 1, eff. June 20, 2003.