Texas Attorney General Opinion: GA-73 Page: 2 of 5
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Mr. Kenneth James - Page 2
TEX. Gov'T CODE ANN. 573.001(3)(A)-(C) (Vernon 1994). The code proscribes nepotism by
public officials, whether acting individually or as a member of a board:
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.
Id. 573.041. By its terms, then, the nepotism statute applies only to officials with appointment or
confirmation power. See id.; Pena v. Rio Grande City Consol. Indep. Sch. Dist., 616 S.W.2d 658,
659-60 (Tex. Civ. App.-Eastland 1981, no writ).
We examine the Education Code to determine whom the legislature empowered with hiring
authority at Stephen F. Austin State University ("SFA"). See Tex. Att'y Gen. Op. No. DM-163
(1992) (authority granted under enabling act of municipal housing authority determined executive
director's status as a public official subject to nepotism laws). Chapter 101 of the Education Code
establishes SFA and governs its affairs. TEX. EDUC. CODE ANN. 101.01-.42 (Vernon 2002). The
code vests the control and management of the university in a board of regents, appointed by the
governor with the senate's advice and consent. Id. 101.11. The legislature gave the SFA board
the same powers and duties that the board of regents of the Texas State University System possesses.
Id. 101.41.3 Consequently, the code gives the board the following general authority and
responsibility:
(a) The board is responsible for the general control and management
of the universities in the system and may ... employ and discharge
presidents or principals, teachers, treasurers, and other employees; fix
the salaries of the persons employed; and perform such other acts as
in the judgment of the board contribute to the development of the
universities in the system or the welfare of their students.
3Section 101.41 refers to the Texas State University System's former name, the State Senior Colleges System.
See Act of May 29, 1975, 64th Leg., R.S., ch. 434, 1975 Tex. Gen. Laws 1159 (changing name). The Texas State
University System presently includes Sul Ross State University, Angelo State University, Southwest Texas State
University, SamHouston State University, and Lamar University. TEX. EDUC. CODEANN. 96.01-.707 (Vernon 2002).(GA-0073)
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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/m1/2/?q=Lamar+University: accessed June 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.