Texas Codes

Tex. Educ. Code § 11.060 (2026)

Vacancies

✓ current as of May 2026

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Sec. 11.060. VACANCIES. (a) If a vacancy occurs on the board of trustees of an independent school district, the remaining trustees may fill the vacancy by appointment until the next trustee election.

(b) If the board is appointed by the governing body of a municipality, a trustee appointed by the governing body to fill a vacancy shall serve for the unexpired term.

(c) Instead of filling a vacancy by appointment under Subsection (a) or (b), the board or municipal governing body may order a special election to fill the vacancy. A special election is conducted in the same manner as the district's general election except as provided by the Election Code.

(d) If more than one year remains in the term of the position vacated, the vacancy shall be filled under this section not later than the 180th day after the date the vacancy occurs.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1999–2025 · leading case: Tovar v. Bd. of Trs. of Somerset Sch. Dist., 994 S.W.2d 756 (Tex. App. 1999).

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Tovar v. Bd. of Trs. of Somerset Sch. Dist., 994 S.W.2d 756 (Tex. App. 1999). “Tex. Educ. Code Ann. § 11.060 (a),(c) (Vernon 1996).”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). · cites it 4× “The Honorable Ana Markowski Smith - Page 2 (KP-0102) TEX. EDUC. CODE § 11.060. Thus, the statute authorizes appointment and special election as alternative methods of filling a vacancy.”

in Re Nona Reed (Tex. App. 2022). · cites it 2× “See Tex. Educ. Code Ann. § 11.060 (¢). Accordingly, we grant the petition for writ of mandamus; we enjoin the District from certifying the incumbent Place 1 member unopposed for reelection and declaring him reelected to a new term and further order the District to conduct a…”

EPISD Bd. of Directors, Jorge Barrera, Hilda P. Martinez, Hector Alvarez, Glen Purcell, Christopher Hiller, Victor Perry, Ismael Mijares, & Samuel Mijares v. Enriqueta Diaz (Tex. App. 2025). · cites it 2× “Diaz asserted the EPISD Board was violating Texas Education Code § 11.060 by failing to publicly open a vacant EPISD Board position for election, and sought a writ of mandamus compelling the EPISD Board to publicly open the vacant board position for election so eligible…”

— Tex. Educ. Code § 11.060(d) — 1 case

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “The Honorable Ana Markowski Smith - Page 2 (KP-0102) TEX. EDUC. CODE § 11.060. Thus, the statute authorizes appointment and special election as alternative methods of filling a vacancy.”

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