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

    Legal Services

    LegalEase Newsletter | FAQs by Subject

    News Article | July 20, 2022


    Legal Guidance

    "Unfortunately for us, our County Clerk has decided to retire at the end of the month after many years of dedicated service. Is there a specific process the county needs to follow to make an appointment to fill the vacancy?"

    Is there a statutorily mandated process for making an appointment?

    The commissioners court is given authority to fill a vacancy in the office of county clerk (and most other elected county offices) under Section 87.041 of the Texas Local Government Code. The commissioners court (or the county judge when filling a county commissioner vacancy) may devise a process for determining who is interested in being appointed. For example, some counties publish a notice of the vacancy in the local newspaper with a time period for interested persons to apply. Other counties may ask potential appointees to complete an application to establish their eligibility for the vacant office. For more information, see TAC’s Short Answers to Common Questions: Vacancies.