Article XVI, Section 27 of the Texas Constitution

Adopted February 15, 1876:

In all elections to fill vacancies of office in this State, it shall be to fill the unexpired term only.

Editor Comments

This section is self-executing.

None.

Banton v. Wilson, 4 Tex. 400, 410 (1849) ("The statutes of 1846 did not prescribe any fixed period for elections of . . . . No such provision would be constitutional, or at least but partially so. The tenure of several of the county officers is fixed by the Constitution, and the incumbent elected to fill the office or a vacancy is entitled to hold to the full end and term of the period guaranteed by the Constitution. There is no probability that all the incumbents of county offices would hold the entire term. Vacancies by death, resignation, or otherwise must in the nature of things be of frequent occurrence; and if they be filled by election, the incumbent is secured for the constitutional limit in the enjoyment of the office.")

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)

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)