H.B. No. 1789
AN ACT
relating to the application of nepotism prohibitions to a person
appointed or employed by a school district as a bus driver.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.061, Government Code, is amended to
read as follows:
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; [or]
(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.
SECTION 2. The change in law made by this Act applies only
to the appointment or employment of a person by a school district on
or after the effective date of this Act. A person who is appointed
or employed by a school district before the effective date of this
Act is governed by the law in effect at the time the person was
appointed or employed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1789 was passed by the House on April
11, 2023, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1789 was passed by the Senate on May
16, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor