Meal and Lodging Exceptions
Exceptions for Holdover Gubernatorial Appointees
The holdover provision in the Texas Constitution generally requires state officers whose terms have expired to continue to serve until they are reappointed or replaced. Proposition 3, approved by Texas voters on Nov. 7, 2017, created a new exception to this law. Now certain gubernatorial appointees with expired terms only hold over until the last day of the legislative session that begins after their term expires. This new provision applies to state officers who are appointed by the governor with consent of the Senate and who do not receive a salary. Unsalaried officials generally include appointed members of boards, councils, task forces and committees.
An unsalaried official whose term has expired continues in their duties until either their reappointment or their replacement is confirmed by the Senate. However, if a new appointment is not confirmed by the end of the legislative session following the expiration of their term, the unsalaried official’s office is vacated.
State agencies and institutions of higher education cannot use appropriated funds to reimburse travel expenses for unsalaried officials whose offices have been vacated.