Members of a city council who have been removed from office in a recall election do not hold over until their successors are duly qualified. Only two seats on the Haltom City municipal council are currently occupied. Because the municipal charter of Haltom City defines a quorum as requiring the presence of at least five members of its council, the municipal council of Haltom City cannot convene a quorum until at least three of its five vacancies are filled by special election in May 2004.

Opinion No. GA-0176

The Honorable Bryan Goertz

Bastrop County Criminal District Attorney

804 Pecan Street

Bastrop, Texas 78602

Re: Whether article XI, section 7 of the Texas Constitution bars a county from agreeing to indemnify an appraisal district for the costs of litigation arising from the appraisal district's performance of 9-l-l services for the county (RQ-0122-GA)

S U M M A R Y

Article XI, section 7 of the Texas Constitution prohibits Bastrop County from indemnifying the Bastrop Central Appraisal District, its officers, and its employees for their actions in performing 9-1-1 services for the county under contract unless the county, at the time of contracting, levies and collects a tax as required by the constitutional provision.

Opinion No. GA-0177

Shirley J. Neeley, Ed. D.

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Whether a school district may honor the current employment contract of a superintendent's relative whose original hiring violated chapter 573 of the Government Code (RQ-0175-GA)

S U M M A R Y

An original, unrenewed contract between a school district and an employee appointed by a superintendent with final authority to select personnel under section 11.163 of the Education Code and related to the superintendent within a prohibited degree violated section 573.041 of the Government Code at the time it was made and is void. With respect to renewed contracts, however, the school board members may be the relevant public officials for nepotism purposes.

For the purposes of calculating the appropriate date for the applicability of the continuous- employment exception to section 573.041, a school district superintendent with final authority to select personnel is an appointed public official. See TEX. GOV'T CODE ANN. § 573.062(a)(2)(A) (Vernon 1994). Thus, an employee related to the superintendent within a prohibited degree must have been continuously employed in that position for thirty days immediately prior to the superintendent's appointment, if the superintendent had the final authority upon appointment, or, if not, for thirty days prior to the date on which the superintendent received that authority.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.

TRD-200402485

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 14, 2004