Texas Attorney General Opinion: GA-73 Page: 1 of 5
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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
May 21, 2003Mr. Kenneth James
Chair, Board of Regents
Stephen F. Austin State University
P.O. Box 6078
SFA Station
Nacogdoches, Texas 75962Opinion No. GA-0073
Re: Whether chapter 573 of the Texas
Government Code precludes the Stephen F.
Austin State University Board of Regents
from employing the university president's
spouse (RQ-0004-GA)Dear Mr. James:
Your predecessor asked whether the Stephen F. Austin State University Board of Regents
may hire the university president's spouse as an employee or independent contractor without
violating the nepotism provisions in chapter 573 of the Texas Government Code.' As we understand
it, the board has not considered the spouse as a candidate for a specific position, but she might be
considered for a faculty, administrative, or professional position.2
As the Request Letter notes, noncompliance with the nepotism statutes may subject the
appointing officer to severe consequences including removal from office and criminal sanctions.
See TEX. Gov'T CODE ANN. 573.081, 573.084. (Vernon 1994); Bean v. State, 691 S.W.2d 773,
776 (Tex. App.-E1 Paso 1985, writ refd); Tex. Att'y Gen. Op. No. JC-0558 (2002); Request Letter,
supra note 1, at 2. The nepotism statutes apply to "public officials," defined as:
(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.
'See Letter from Michael W. Enoch, Board Chair, Stephen F. Austin State University Board of Regents (Nov.
25, 2002) (on file with Opinion Committee) [hereinafter Request Letter].
2Telephone interview with R. Yvette Clark, General Counsel, Stephen F. Austin State University (Mar. 13,
2003).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-73, text, May 21, 2003; (https://texashistory.unt.edu/ark:/67531/metapth274968/m1/1/?q=Lamar+University: accessed June 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.