; . ‘ 

ENJERAL 

OF EXAS 

Honorable Ernest Guinn 

County Attorney 

El Paso County 

El Paso, Texas 

Dear Sir: 

This Opfnion 

Modifies 0 Inion dated 

+ ,fi /36 

We are 

our opinion with 

tions of persons 

trustees. 

Opinion No. O-3235 

Re: Residence qualfflcations of persons entitled to vote for 

county school trustees. 

fn receipt of your recent request for 

reference to the resfdence quallflcaentitled to vote for county school 

Article 2676, R. C. S. 1925, a8 amended, Acts 

1934, 43~d Leg., 2nd C.S., Ch. 28, p. 108, provides: 

"The general management and control of 

the public free schools and high schools fn 

each county, unless otherwlse 

(5 P 

rovlded by 

law shall be vested In five county school 

trustees elected from the county, one of whom 

shall be elected from the county a% large bx 

the qualff'fed voters of the common and consolidated independent school districts of ahe 

county. and one from each CommissIonera P - 

cfact by the qualfffed voters of each Commonsfonerra' Precinct, who shall hold offfce for 

a term of two years. The time for such electfon shall be the first Saturday In April of 

each year? the order for the electfon of county school trustees to be made by the county 

judge at least thirty days prior to the date 

of said election, and such order shall designate one votfng place for each common school 

dfatrict. The election officer appointed to 

hold the electfon for trustees fn each common 

school district shall hold the election at 

the same place therein fop the county school 

trustees. Each year there shall be elected 
I 

Honorable Ernest Gulnn, Page 2 (O-3235) 

alternately two (2) county school trustees 

and three (3) county school trustees in each 

county. The State Superintendent shall prepare a proper form of the ballot to be used 

In such election and such other explanation 

of the laws as he deems necessary> and transmft the same to the county judge of each county a% least sixty days prfor to the date of 

such election. All vacancies shall be fflled 

by the remaining trustees. + * +' 

aeorlng ours) 

(UnderThfs artfcle expressly provfdes that the 

trustee at large shall be elected "by the quallffed 

county 

voters of the aommon and consolidated independent school 

districts of the county". OUP opfnfon No. 0-2066, a 

copy of which has been forwarded to you, supports the 

conclusion that this provision fs controll%ng over Sectfon 8, of Acts 1927, 40th Leg., 1st C.S., Ch. 84, 

228 (Artfcle 2742a, Sectfon 8, Vernon's Texas Clvfl 

page 

Statutes). 

The above quoted statute further provldes 

that one county trustee shall be elected "from each 

Comml.sslonersl Pzoecfnet by the qualified voters of each 

Commissfonersl Precinct", wlithout fupthep lfmftatfon. 

St was ruled by this department in opinions dated Febpuary 9, 1935, to G. l4. Mann, Letter Book 360, page 

927, and Map& 30, 1932, to II. IX. Schuemann, Letter 

Book 332# page 763, that qnalfi"fed resident voters fn 

Sndependen% school d%stpfc%s ape elfg%ble to vote fop 

the county school trustees elected Prom the Comnfssiooepsl Preoincts; the Pequfrement only befng that they 

be qualaffed voters of a CommfssfonePs8 Preefnct. A 

sfm%lar rulfng was made fn an op%n%on dated April 8, 

1936, addressed to Honorable Hapry d. Schulz, however, 

in thh%s opinion ft was stated that persons residfng 

fn muniefpalby controlled dis%r%eta may not vote for 

county school trustees for their Commfssioners' Pre- 

&nets, notwithstanding the opfnfon recognized that 

Article 2676 "speeff%eallg authorlzee all qualgffed 

voters wfth%n the Commfssfoneps' Precinct to vote in 

safd eleetfon." We do no% agree w%th the dfstfnctfon 

made %n the.% opinion between mun%c%pallg controlled 

and other %ndependen% schwol dfatrfcts, afnee the statute makes no au& ~PQV%EO%O~. 

It fs our opfnfon that only qualified voters 

of the common and eonsolfdated independent school dfs- 

%r%ets of the county may vote fop county school trustee 
Honorable Ernest Gulnn, Page 3 (O-3235) 

at large and that all qualified voters of the Commlssloners' Precincts of the county may vote for the county school trustee from their respective precincts wlthout reference to whether such voters reside In common 

or Independent school districts of whatsoever nature. 

Yours very truly 

ATTORNEY GWERAL OF TEXAS 

By /e/ Cecil C. Cammack 

Cecil C. Cammack 

Assistant 

ccc:ul;LM 

APPROVED MAR 31, 1941 

/a/ Gerald C. Mann 

ATTORREY GENERAL OF TEXAS 

APPROVED 

0PlN10Ip 

COMMITTEE 

BY BWB 

HAIRM 

O~.K. 

GRL