Texas Association of Counties

08/10/2026 | News release | Distributed by Public on 08/10/2026 15:10

Can an elected official hire a relative

"The county treasurer is thinking about hiring their niece-in-law for a clerk position in the office. Is that okay?"


Can an elected official hire a relative?

It depends. Anytime a person who makes final decisions on employment thinks of hiring a relative, the nepotism prohibitions in Chapter 573 of the Government Code must be considered. An elected or appointed officer is prohibited from appointing or hiring a person related to the officer within the third degree by consanguinity (blood) or the second degree by affinity (marriage). See our nepotism charts for clarification.

In this scenario, a niece-in-law falls outside the prohibited relationship (they are related within the fourth degree by affinity). Chapter 573 does not prevent her from being hired.

For more information, see our Pitfalls and Perils of Public Office handbook.

Texas Association of Counties published this content on August 10, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on August 10, 2026 at 21:10 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]