Texas Attorney General Opinion: JM-1161 Page: 3 of 12
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Honorable Ted B. Lyon - Page 3 (JM-1161)
shall be with the advice and consent of
two-thirds of the Senate present. If made
during the recess of the Senate, the said
appointee, or some other person to fill such
vacancy, shall be nominated to the Senate
during the first ten days of its session. If
rejected, said office shall immediately
become vacant, and the Governor shall,
without delay, make further nominations,
until a confirmation takes place. But should
there be no confirmation during the session
of the Senate, the Governor shall not
thereafter appoint any person to fill such
vacancy who has been rejected by the Senate;
but may appoint some other person to fill the
vacancy until the next session of the Senate
or until the regular election to said office,
should it sooner occur. Appointments to
vacancies in offices elective by the people
shall only continue until the next general
election.
(b) The Legislature by general law may
limit the term to be served by a person
appointed by the Governor to fill a vacancy
in a state or district office to a period
that ends before the vacant term otherwise
expires or, for an elective office, before
the next election at which the vacancy is to
be filled, if the appointment is made on or
after November 1 preceding the general
election for the succeeding term of the
office of Governor and the Governor is not
elected at that election to the succeeding
term. For purposes of this subsection, the
expiration of a term of office or the
creation of a new office constitutes a
vacancy. 2
Although the power of the governor to appoint high
judicial officers pursuant to article V, section 28, is not
by that section expressly made subject to confirmation by
2. Subsection (b) of section 12 was added to the
constitution in 1987. See V.T.C.S. art. 19a (implementing
statute).p. 6124
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1161, text, April 20, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273599/m1/3/?q=%22Mattox%2C+Jim%22: accessed June 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.