News Article | May 01, 2021
Vacancy
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                    Legal Guidance
                
            |  | "I am a new Commissioner, and I know someone who would be a great fit for the vacant county auditor position. Can I appoint them?" | 
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What vacancies may a commissioners court fill by appointment?
The commissioners court may fill vacancies in the following offices: county judge, county clerk, district and county clerk, sheriff, county attorney, county treasurer, county surveyor, county tax assessor-collector, justice of the peace and constable. (Local Government Code §87.041)
Under Local Government Code §84.002, a vacancy in the office of county auditor may be filled by only the district judge (or judges in a county with two or more district judges). For more information about filling vacancies, see TAC's Short Answers to Common Questions: Vacancies.
 
            