RE: Whether the nepotism statute is applicable to the employment of a sheriff’s relative by a private company that operates a county detention center (RQ-0404-GA).
Submitted by Richard Slack
Reeves County Attorney
BR>Summary, Opinion No. GA-419: The nepotism statute does not apply to the employment of a sheriff’s relative by a private company that operates a county detention center.
Jail Inmate Labor
RE: Use of county jail inmate labor on projects for nonprofit organizations (RQ-0406-GA).
Submitted by Eddie Arredondo
Burnet County Attorney
Summary, Opinion No. GA-424: The phrase “work program” as used in article 43.101(a) of the Code of Criminal Procedure refers to a county jail industries program or other work program that a county has established under article 43.10 of the Code of Criminal Procedure or section 351.201 of the Local Government Code. A sheriff may operate a work program only as authorized by articles 43.09 and 43.10, Code of Criminal Procedure, and section 351.201, Local Government Code. Accordingly, defendants who volunteer for a work program under article 43.101 may perform work or produce goods for a nonprofit organization only if the organization complies with article 43.10(4) or section 351.201(b)(3)(B). Conversely, a sheriff may not “use jail inmate trustees on