As school districts across Texas rush to fill vacancies ahead of the new year, questions about hiring relatives of current trustees or employees frequently arise. Here is a quick refresher on how Texas nepotism laws apply to school hiring.

What the Law Says:

Under Texas Government Code Chapter 573, a “public official” with hiring or appointment authority may not hire or appoint a close relative, i.e., those within the third degree of consanguinity (by blood) or second degree by affinity (marriage). This prohibition is designed to prevent conflicts of interest, but not to block all relatives from working in the same district.

Importantly, the law applies only to officials who have final authority to hire or appoint the potential employee. This usually includes trustees and sometimes superintendents, depending on local policy. Campus-level administrators like principals or assistant principals are likely not “public officials” within the meaning of Chapter 573, so the same prohibitions do not apply.

Common Summer Scenarios:

Can My District Hire a Trustee’s Immediate Family Member?
Answer: Probably Not.
Trustees have final hiring authority as voting members of the board. Even if the trustee recuses himself or herself, the district is likely still prohibited from hiring the relative unless a legal exception applies. If you are in this situation and believe a legal exception related to continuing employment or small counties may apply, it is best practice to consult with your attorney to confirm before your district makes a final hiring decision.

Can My District Hire the Superintendent’s Close Relative?
Answer: It Depends.
If local policy gives the superintendent final hiring authority, the answer is no. However, if the superintendent only makes a recommendation and the board makes the final decision, the hire is likely permissible.

Can My District Hire a Principal’s Spouse?
Answer: Probably Yes.
If the principal does not have final hiring authority and is removed from the final decision-making process, there is likely no nepotism violation under state law. Keep in mind, however, that transparency and documentation, which are key in any hiring situation, are particularly important when there may be an appearance of favoritism or nepotism in hiring.

Final Tip: Maintain Trust Through Transparency

To protect the integrity of the hiring process, you should endeavor to avoid even the appearance of favoritism by carefully following your district’s standard hiring policies and procedures. Ensure that any related officials are fully recused from discussions, interviews, or decisions involving a family member. Thoroughly document all steps taken during the hiring process to demonstrate fairness and legal compliance.

When a situation feels close to the line or politically sensitive, do not guess—consult legal counsel before proceeding. A brief legal review can prevent long-term reputational or legal risks.

Do you have questions about the application of Texas nepotism laws in the hiring process? The Leon | Alcala team is here to help.

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