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RESIGNATION

A board member may resign by delivering written notice, signed by the board member, to the presiding officer of the board and to the Governor’s Office. 

HOLDOVER DOCTRINE

All public officers shall continue to perform the duties of their offices until their successors shall be duly qualified, i.e., sworn in.  Until the vacancy created by a board member’s resignation is filled by a successor, the board member continues to serve and have the duties and powers of office and continues to be subject to the nepotism provisions.  Tex. Const., Art. XVI, Sec. 17; Atty. Gen. Ops. JM-636 (1987), DM-2 (1991), O-6259 (1945)  

VACANCY

In a timely manner following the occurrence of a vacancy on the Board, whether because a Board member's term has expired, the Board member has resigned, or for any other reason, the Superintendent shall ensure that the Board president is informed of the vacancy and shall notify the Governor's appointment committee.

SERVICE PENDING APPOINTMENT TO FILL VACANCY

A Board member whose term has expired, but whose successor has not been appointed, is eligible to continue serving on the Board until a successor has been appointed by the Governor.  Denison v. State, 61 S.W.2d 1017 (Tex. Civ. App. 1933)

A board member shall continue to perform the duties of the board member’s office until the board members’ successor shall be duly qualified (i.e., sworn in).  Until the vacancy created by a board member’s resignation is filled by a successor, the board member continues to serve and have the duties and powers of office.  Tex. Const., Art. XVI, Sec.17; Atty. Gen. Ops. JM-636 (1987), DM-2 (1991), O-6259 (1945)

Adopted:          11/15/96
Amended:         4/3/09, 1/31/14