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            |  | 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 |