Article III, Section 13 of the Texas Constitution ("Vacancy in Legislature")
As amended November 6, 2001:
(a) When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose.
(b) The Legislature may provide by general law for the filling of a vacancy in the Legislature without an election if only one person qualifies and declares a candidacy in an election to fill the vacancy.
Editor Comments
Note that the Texas Attorney General, in Tex. Att'y Gen. Op. WW-728 (1959), opined that: "Article III, Section 13 [] does not make it mandatory that the Governor call a special election to fill a vacancy in the Legislature within any specified time after the vacancy occurs, but Section 32 of the Texas Election Code [] makes it his duty to call the election immediately. However, the word 'immediately' is flexible when considered against a particular situation."
Recent Decisions
None.
Historic Decisions
None.
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)