BH. Vacancies and Removal from Office (BL)
Any vacancy occurring on the Board through death, resignation, or otherwise, shall be filled by special election ordered by the Board or by appointment by resolution or order of the Board. If a vacancy occurs on the Board, the person appointed to fill the unexpired term shall serve until the next regular election of members to the Board, at which time the position shall be filled by election for a term appropriately shortened to confirm with what regularly would have been the length of the term for that position. Education Code 130.082(d), 130.073 (k).
A person elected to serve as a Board member must remain a resident of the College District throughout the term of office. A Board member who ceases to reside in the College District vacates his or her office. Education Code 130.0822(h)
To be effective, a Board member’s resignation must be in writing and signed by the officer and must be delivered to the Board for acting on the resignation. The Board may not refuse to accept a resignation. If a Regent submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the Board or on the eighth day after the date of its receipt by the Board, whichever is earlier. Election Code 201.001(a), 201.023
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 Board may appoint a replacement to serve as a temporary Board member if the elected or appointed Board member will be on active duty for longer than 30 days. Tex. Const. Art. XVI, Sec. 72
Date Issued: March 10, 2005
Revision Issued: November 15, 2012Approved: Board of Regents