UPDATE Oct. 26 4:10 p.m.: Commissioner Jeff Travillion appointed to Capital Metro Board of Directors

Mariette Hummel, spokesperson for Capital Metro, said the county attorney's office approved Commissioner Jeff Travillion's appointment to the Capital Metro Board of Directors.

Hummel said Travillion will be present for the Nov. 1 public hearings and board committee meetings, and will be sworn in at the Nov. 15 full meeting of the board.

Posted Oct. 25 12:38 p.m.: The Capital Metro Board of Directors delayed the swearing-in Travis County Commissioner Jeff Travillion on Monday, following questions raised over the legality of who the commissioners could appoint.

Capital Metro Chairman Wade Cooper said attorneys from both Capital Metro and Travis County were researching the issue.

Travillion was appointed by the commissioners court to the board Oct. 10 following the resignation of Beverly Silas.

Silas served on the board for eight years but resigned at the Travis County Commissioner Court meeting Oct. 3 amid controversy over racial comments made during an Aug. 9 workshop about the hiring an African-American as the Capital Metro's CEO and president.

Deece Eckstein, intergovernmental relations officer for Travis County, said the county in good faith believes that the commissioners court could appoint anyone they wish to fill the vacancy.

Section 451.5021 of the Transportation Code requires "one member appointed by the commissioners court of the principal county."

According to the statute, an appointed member must be a qualified voter, reside or work in the county. Travillion meets all three of those qualifications, Eckstein said.

However, the language is broad, he added. The language for appointments made by the city of Austin requires "two members, one who must be and one who may be an elected official, appointed by the governing body of the principal municipality."

Eckstein said appointing a commissioner could be "illegal" but the county attorneys are working with Capital Metro to make that determination.

If Travillion is not allowed to serve, the county will have to request applicants from candidates. The selected appointee will fill the vacancy through June 2018.