Skip to Content (custom)
Texas Association of Counties
Toggle Navigation (custom)

    Legal Services

    LegalEase Newsletter | FAQs by Subject

    News Article | December 11, 2023

    Vacancy

    LegalEase
    Legal Guidance

    Graphic of two people with a chair between them labeled "vacant" "Our county attorney announced he's running for district attorney. We're a small, rural county, so it might take some time before we can find a replacement. What do we do until then?"

    Does an elected county officer who has triggered an automatic resignation by announcing for a different office remain in the current office as a holdover?

    Yes. An elected county officer who triggers an automatic resignation under Article XVI, §65 of the Texas Constitution remains in office as a holdover until a successor qualifies for the office. For more information on holdovers and vacancies, see our publication Pitfalls & Perils of Public Office.