Commissioners decline to appoint county attorney; first assistant to serve under Texas law until March election

Henderson County Commissioners Court met in executive session Tuesday to discuss personnel matters related to a vacancy in the county attorney's office and returned to open session without making an appointment.

The court convened in executive session under Texas Government Code Sec. 551.074 to consult on the vacancy. On reconvening at 11:00 a.m., the presiding officer summarized the consultation and cited Texas Government Code Sec. 601.002, saying the statute provides that "the first assistant in the county attorney's office assumes the duties and the roles of the office" in circumstances such as this.

Commissioners noted there are two candidates seeking the unexpired term and that the filing period had not closed. Commissioner (speaker 5) said the office currently has stability and longevity in its first assistant and recommended avoiding any action that might influence the March election. Another commissioner (speaker 4) agreed that keeping the acting county attorney in place until after the election would preserve continuity.

The court recorded no appointment and no directive to replace the acting attorney; instead, officials said they will continue to operate under Tex. Gov't Code §601.002 with the first assistant performing the office's duties until the voters choose a successor in March. Motions to enter executive session (moved by Commissioner Richardson) and to reconvene in open session at 11:00 a.m. (moved by Commissioner Rickson and seconded by Commissioner McCam) passed unanimously by those present.