By Wise                                               H.B. No. 1282
         77R4634 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the nepotism prohibitions to
 1-3     employment of certain individuals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 573.062, Government Code, is amended by
 1-6     amending Subsection (b) and adding Subsection (c) to read as
 1-7     follows:
 1-8           (b)  A nepotism prohibition prescribed by Section 573.041 or
 1-9     by a municipal charter or ordinance does not apply to an
1-10     appointment, confirmation of an appointment, or vote for an
1-11     appointment or confirmation of an appointment of an individual to a
1-12     position if:
1-13                 (1)  the individual was employed in the position, or a
1-14     substantially similar position, at any time before the election or
1-15     appointment of the public official to whom the individual is
1-16     related in a prohibited degree;
1-17                 (2)  the prior employment of the individual in the
1-18     position, or a substantially similar position, was continuous for
1-19     at least 20 years; and
1-20                 (3)  the  individual is employed in the position not
1-21     later than the second anniversary of the date on which the prior
1-22     employment terminated.
1-23           (c)  If, under Subsection (a), an individual continues in a
1-24     position, or if, under Subsection (b), an individual is employed in
 2-1     a position, the public official to whom the individual is related
 2-2     in a prohibited degree may not participate in any deliberation or
 2-3     voting on the appointment, reappointment, confirmation of the
 2-4     appointment or reappointment, employment, reemployment, change in
 2-5     status, compensation, or dismissal of the individual if that action
 2-6     applies only to the individual and is not taken regarding a bona
 2-7     fide class or category of employees.
 2-8           SECTION 2.  This Act takes effect immediately if it receives
 2-9     a vote of two-thirds of all the members elected to each house, as
2-10     provided by Section 39, Article III, Texas Constitution.  If this
2-11     Act does not receive the vote necessary for immediate effect, this
2-12     Act takes effect September 1, 2001.