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    LegalEase Newsletter | FAQs by Subject

    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?"

    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.