KIRK HANATH TO REMAIN IN PRECINCT 3 COMMISSIONER’S SEAT WHILE SEEKING COUNTY JUDGE’S OFFICE
Washington County Judge John Durrenberger says he intends to allow Precinct 3 Commissioner Kirk Hanath to remain in his position while running for the office of county judge.
In response to KWHI’s inquiry about how the county will address the vacancy created by Hanath’s declaration for the county judge’s race in March 2026, Durrenberger says that rather that appointing a temporary commissioner, Hanath will “continue performing the duties of county commissioner for Precinct 3 until a successor is elected and sworn in.” He says the remainder of Hanath’s unexpired term will be filled at the next general election in November 2026.
According to Durrenberger, since Hanath has more than a year and 30 days left in his current term – which began on January 1st and continues through December 2028 – his decision to run for county judge meant he automatically resigned from the office of commissioner. Under Texas Local Government Code, with an automatic resignation, the county judge is tasked with appointing a replacement, but in counties with fewer than 300,000 residents, there is not a deadline to make that appointment. Durrenberger says the current commissioner can continue to serve as a holdover “until a successor officially qualifies for office,” per the Texas Constitution.
Durrenberger says, “I believe it is in the best interest of the county for Commissioner Hanath to continue serving as the holdover Commissioner for Precinct 3 until the next general election.”
Hanath is currently set to face off against Douglas Cone and Brad Tegeler in the race for county judge, on the Republican ballot. At this time, no Democratic candidates have announced plans to run in the election.
Since Hanath’s candidacy announcement came more than five days before the filing deadline for the primary ballot, candidates to fill his commissioner’s seat must be nominated in the March primary, per Texas Election Code. Durrenberger says, “Commissioner Hanath was elected by the voters of Precinct 3, and I believe those voters should have the opportunity to choose their next commissioner rather than having an individual appointed.”
One candidate has already declared his intent to fill the commissioner’s seat: Gil Janner, who will be running on the Republican ballot. More details on Janner’s candidacy can be read here.
Any other candidates who are interested in seeking Hanath’s commissioner position are encouraged to contact their party chair for the necessary filing information. The filing deadline is Monday, December 8th at 6 p.m.
KWHI has asked for clarification on if the new Precinct 3 commissioner will be sworn in along with the rest of the newly elected officeholders on January 1, 2027, or if the commissioner will be sworn in before that date.
Below is Durrenberger’s full announcement regarding his plans for the Precinct 3 commissioner’s seat:
On November 18, 2025, Commissioner Hanath formally tendered his resignation as County Commissioner for Precinct 3, effective immediately, pursuant to Article XVI, Section 65 of the Texas Constitution. Since more than one year and 30 days remain in his current term, his decision to become a candidate for County Judge resulted in an automatic resignation under this provision.
Under Section 87.042 of the Texas Local Government Code, when a commissioner automatically resigns, the County Judge (not the Commissioners Court) is responsible for filling the vacancy by appointment. There is no statutory deadline for making this appointment in counties with populations under 300,000. The current commissioner continues to serve as a holdover until a successor officially qualifies for office, as provided under Article XVI, Section 17 of the Texas Constitution. Commissioner Hanath will therefore continue performing the duties of County Commissioner for Precinct 3 until a successor is elected and sworn in. The remainder of the unexpired term will be filled at the next general election.
As County Judge of Washington County, I believe it is in the best interest of the county for Commissioner Hanath to continue serving as the holdover Commissioner for Precinct 3 until the next general election. Since Commissioner Hanath announced his candidacy for County Judge more than five days before the regular filing deadline for the general primary ballot, any vacancy occurring on or before Wednesday, December 3, 2025, for an unexpired term must be nominated in the March 3, 2026, primary elections, in accordance with Section 202.004(a)(1)–(2) of the Texas Election Code.
Commissioner Hanath was elected by the voters of Precinct 3, and I believe those voters should have the opportunity to choose their next Commissioner rather than having an individual appointed. Therefore, if you are interested in filing to run for County Commissioner of Precinct 3, please contact your party chair as soon as possible. They will provide the necessary filing information. The filing deadline is Monday, December 8, 2025, at 6:00 p.m.