Filling a Vacancy on the Commissioners Court

KEY QUESTION: What is the procedure for filling a vacancy left by a County Judge or County Commissioner? 

 

MAIN REFERENCE POINT: 

• Texas Local Government Code, Title 3 Organization of County Government, Subtitle B Commissioners Court and County Officers, Chapter 87, Subchapter D Filling of Vacancies 

 

TALKING POINTS: 

1. According to Sec. 87.041 of the Texas Local Government Code, the Commissioners Court of a county may fill a vacancy in the offices of: 

1. county judge; 

1. county clerk; 

1. district and county clerk; 

1. sheriff; 

1. county attorney; 

1. county treasurer; 

1. county surveyor; 

1. county tax assessor-collector; 

1. justice of the peace; or 

1. constable. 

1. The Commissioners Court shall fill a vacancy by a majority vote of the members of the court who are present and voting. 

1. The person appointed by the Commissioners Court to fill the vacancy shall hold office until the next general election. See #8 and #9 below for eligibility requirements. 

1. Sec. 87.042 addresses the vacancy of a County Commissioner. Except as provided by Subsection (b) below, if a vacancy occurs in the office of County Commissioner, the County Judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election. 

1. As discussed in Subsection (b) of the statute, the following applies to a county with a population of more than 300,000: Not later than the 60th day after the date a vacancy occurs in the office of County Commissioner, the County Judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election. If the County Judge does not make an appointment to fill the vacancy before the 61st day after the date the vacancy occurred, the Commissioners Court by majority vote shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election. 

1. The temporary absence of the County Judge in a county with a population of less than 150,000 occurs if: 

1. The County Judge is located outside the county for 30 consecutive full days as a direct result of: 

1. being a reservist or a member of the National Guard who was ordered to duty under the authority of federal law; 

1. enlisting in the armed forces or the National Guard as a volunteer; or 

1. being inducted into the armed forces under federal draft laws; and 

1. the Commissioners Court determines in writing that the absence prevents the County Judge from satisfactorily discharging the duties of the office. 

1. If a temporary absence exists in the office of County Judge, before the 30th day after the date the absence begins, the absent County Judge may appoint a resident of the county to fill the office until the next term of that office or until the temporary absence ends, whichever event occurs first. If the absent County Judge does not appoint a resident of the county within the 30-day period, the Commissioners Court shall appoint a resident of the county to fill the office until the next term of that office or until the temporary absence ends, whichever event occurs first. 

1. Those eligible for appointment must meet the same requirements as those running for office. 

1.  According to the Texas Constitution Article V, Sections 15-18, and Texas Election Code Sec. 141.001, Eligibility Requirements for Public Office, qualifications to run for County Judge include: 

• be well informed in the laws of the state; 

• a U.S. citizen; 
• age 18 or older on the first day of office or appointment; 
• Texas resident for at least 12 months; 
• county resident for at least 6 months; 
• registered voter in the county; and 

• never have been convicted of a felony. 
• See Texas Election Code Sec. 141.001 for additional requirements. 

1.  According to Texas Election Code Sec. 141.001, Eligibility Requirements for Public Office, qualifications to run for County Commissioner include: 

• a U.S. citizen; 
• age 18 or older on the first day of office or appointment; 

• Texas resident for at least 12 months; 
• precinct resident for at least 6 months; 
• registered voter in that precinct; and 
• never have been convicted of a felony. 
• See Texas Election Code Sec. 141.001 for additional requirements.