If a vacancy occurs because of death or resignation, who shall appoint the replacement to fill the unexpired term?

If a vacancy occurs because of death or resignation, who shall appoint the replacement to fill the unexpired term?

• A. The governor
• B. The lieutenant governor
• C. The board chair
• D. The secretary of state

Answer: (A)

When a vacancy on a Texas state board occurs due to death or resignation, the authority to name a replacement to serve the unexpired term rests with the governor. This ensures the board continues to function with a full complement of members and the regulatory duties can proceed without undue delay. The person chosen typically serves the remainder of the term, and in many cases may require the Senate’s advice and consent, depending on the statute. The lieutenant governor, board chair, or secretary of state do not have the authority to fill such vacancies, so they are not the appropriate appointing body.

When a vacancy on a Texas state board occurs due to death or resignation, the authority to name a replacement to serve the unexpired term rests with the governor. This ensures the board continues to function with a full complement of members and the regulatory duties can proceed without undue delay. The person chosen typically serves the remainder of the term, and in many cases may require the Senate’s advice and consent, depending on the statute. The lieutenant governor, board chair, or secretary of state do not have the authority to fill such vacancies, so they are not the appropriate appointing body.