SECTION 100.1116. Enforcement of Nepotism Prohibitions

(a) Removal by charter holder. An individual who violates §100.1114 of this title (relating to Nepotism Prohibitions) or §100.1115(c) of this title (relating to Nepotism Exceptions) shall be removed from the individual's position by the charter holder. Failure to comply with this subsection is a material charter violation.

(1) The removal must be made in accordance with the removal provisions in the articles of incorporation and bylaws of the corporation, if applicable, the terms of the open-enrollment charter, any applicable local policies, and state and federal law.

(2) A public official may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of an ineligible individual if the official knows the individual is ineligible.

(b) Removal by Attorney General. An individual who violates §100.1114 or §100.1115(c) may be removed from the individual's position by suit brought by the Texas Attorney General under Government Code, §573.082.

(c) Criminal penalties. An individual who violates Government Code, Chapter 573, Subchapter C, or §573.062(b) or §573.083, as applied by these rules, may be subject to criminal penalties under Government Code, §573.084.

(1) On final conviction of an offense under Government Code, §573.084, an individual shall immediately and summarily be removed from the individual's position by the charter holder.

(2) If the removal under paragraph (1) of this subsection is not made within 30 days after the date the conviction becomes final, the individual holding the position may be removed by the commissioner of education or by suit brought by the Texas Attorney General under Government Code, §573.082.

Source Note: The provisions of this §100.1116 adopted to be effective April 18, 2002, 27 TexReg 3110