Texas Attorney General Opinion: DM-163 Page: 1 of 3
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Office of thje lttornep, general
htate of Utxas
DAN MORALES
ATTORNEY GENERAL September 9, 1992
Honorable Jesusa Sanchez-Vera Opinion No. DM-163
Jim Wells County Attorney
P. O. Drawer 2080 Re: Whether the executive director of a
Alice, Texas 78333 municipal housing authority is subject to
the nepotism statute, V.T.C.S. article
5996a (RO-282)
Dear Ms. Sanchez-Vera:
You ask whether the executive director of a public housing authority is
subject to the nepotism statute, V.T.C.S. article 5996a. We conclude that a person
holding that position is not.
Section 1(a) of the nepotism statute states in pertinent part as follows:
[n]o officer... of any ... municipal subdivision of this State,
nor any officer or member of any State district, county,
city,... or other municipal board . . . shall appoint, or vote for,
or confirm the appointment to any office, position, clerkship,
employment or duty, of any person related within the second
degree by affinity or within the third degree by consanguinity, as
determined under Article 5996h, Revised Statutes, to the person
so appointing or so voting, or to any other member of any such
board, ... of which such person so appointing or voting may be a
member, when the salary, fees, or compensation of such
appointee is to be paid for, directly or indirectly, out of or from
public funds or fees of office of any kind or character
whatsoever.
V.T.C.S. art. 5996a, 1(a). By its terms, section 1(a) applies only to officers who
have the authority to hire personnel. Thus, to decide whether the executive director
of a municipal housing authority is subject to the nepotism state, and thereby
precluded from appointing to any position any person related to the executive
director within the second degree by affinity or within the third degree byp. 859
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-163, text, September 9, 1992; (https://texashistory.unt.edu/ark:/67531/metapth273971/m1/1/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.