Legal Services

	"A county commissioner is having an operation next month, which will require him to be hospitalized and away from his regular duties for a few weeks. Can I appoint another commissioner to fill in for him?"

Can the county judge or commissioners court appoint someone to temporarily fill a county commissioner's vacancy?

No, a temporary absence does not create a vacancy that can be filled. The duties left by a commissioner's temporary absence are usually covered by the full court rather than appointing another commissioner. A "vacancy" is only created in an elective public office when prior to the expiration of the current term of office, the officer dies, resigns, abandons office, is judicially removed or accepts another office that lawfully cannot be simultaneously held with the current office. For more information, see our Vacancies handbook.