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. Tex. Const., Art. IV, Sec. 12
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. IV, Sec. 12; Art. XVI, Sec. 17; Atty. Gen. Ops. JM-636 (1987), O-6259 (1945) [See DBE (TSBVI) EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: NEPOTISM for more information on nepotism]
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’s Office.
A person appointed to serve as a board member must remain a resident of Texas throughout the term of office. A board member who ceases to reside in Texas vacates his or her office. Tex. Const., Art XVI, Sec. 14; Prince v. Inman, 280S.W. 2d 779 (Tex. Civ. App. – Beaumont 1955, no writ); Whitmarsh V. Buckley, 324 S.W.2d 298 (Tex. Civ. App. – Houston 1959, no writ) [See BBA BOARD MEMBERS: APPOINTMENTS/QUALIFICATIONS]
INVOLUNTARY REMOVAL FROM OFFICE
On his or her own motion, or at the request of an individual, the attorney general or the county or district attorney may petition the district court for leave to file an action in quo warranto to remove a board member. An action in quo warranto is available if:
- A person usurps, intrudes into, or unlawfully holds or executes a public office; or
- A public officer does an act or allows an act that by law causes forfeiture of office.
If the person against whom the information is filed is found guilty as charged, the court:
- Shall enter judgment removing the person from the office and for the costs of prosecution; and
- May fine the person for usurping, intruding into, or unlawfully holding and executing the office.
Civ. Prac. & Rem. Code 66.001-.003
Removal for Purchasing Violations
A trustee who is convicted of a purchasing offense [see CH PURCHASING AND ACQUISITION, regarding impermissible practices] is considered to have committed official misconduct and is subject to removal under Local Government Code Chapter 87. Education Code 44.032(e)
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)
FORMER BOARD MEMBER EMPLOYMENT
A board member is prohibited from accepting employment with TSBVI until the first anniversary of the date the board member’s membership on a board ends. Education Code 11.063
TEMPORARY REPLACEMENT OF BOARD MEMBER ON MILITARY ACTIVE DUTY
A board member who enters active duty in the armed forces of the United States as a result of being called to duty, drafted, or activated does not vacate the office held, but the governor may appoint a replacement to serve as a temporary board member if the appointed board member will be on active duty for longer than 30 days.
The board member who is temporarily replaced may recommend to the governor the name of a person to temporarily fill the office. The governor shall appoint the temporary board member to begin service on the date specified in writing by the board member being temporarily replaced as the date the board member will enter active military service.
A temporary board member has all the powers, privileges, and duties of the office as the board member who is temporarily replaced. A temporary board member shall perform the duties of office for the shorter period of:
- The term of the active military service of the board member who is temporarily replaced; or
- The term of office of the board member who is temporarily replaced.
“Armed forces of the United States” means the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, any reserve or auxiliary component of any of these services, or the National Guard.
Tex. Const., Art. XVI, Sec. 72
Amended: 4/3/09, 1/31/14, 4/6/18, 6/1/18
Reviewed: 1/24/02, 9/22/06