;

. ‘

ENJERAL
OF EXAS

Honorable Ernest Guinn CountyAttorney El Paso County El Paso, Texas
Dear Sir: This Opfnion Modifies 0 Inion dated

+ /36 ,fi

We are our opinionwith tions of persons trustees. OpinionNo. O-3235 Re: Residence qualfflcations of persons entitled to vote for county school trustees. fn receipt of your recent request for reference to the resfdencequallflcaentitled 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 managementand control of the public free schools and high schools fn each county,unless otherwlse (5 Provldedby law shall be vested In five county school trustees elected from the county, one of whom shall be elected from the countya% large bx the qualff'fed

voters of the common and consolidatedindependentschool 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 officerappointed to hold the electfon for trustees fn each common school district shall hold the electionat the same place therein fop the county school trustees. Each year there shall be electedI

HonorableErnest Gulnn, Page 2 (O-3235)

alternatelytwo (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 electionand 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 expresslyprovfdes that the **trustee at**  **large** shall be elected "by the quallffed county
voters of the aommon and consolidated independentschool districts of the county". OUP opfnfonNo. 0-2066, **a** copy of which has been forwarded to you, supports the conclusionthat this provision fs controll%ngover Sectfon 8, of Acts 1927, 40th Leg., 1st C.S., Ch. 84, 228 (Artfcle2742a, 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 opinionsdated 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%schoold%stpfc%sape elfg%ble to vote fop the county school trusteeselected Prom the Comnfssiooepsl Preoincts;the Pequfrementonly befng that they be qualaffedvoters of a CommfssfonePs8 Preefnct. A sfm%larrulfng was made **fn** an op%n%ondated April 8, 1936, addressed to HonorableHapry d. Schulz,however, in thh%s

opinion ft was stated that persons residfng fn muniefpalbycontrolled dis%r%etamay not vote for county school trustees for their Commfssioners' Pre- &nets, notwithstanding the opfnfon recognizedthat Article 2676 "speeff%eallg authorlzeeall qualgffed voterswfth%n the Commfssfoneps' Precinct to vote in safd eleetfon." We do no% agree w%th the dfstfnctfon made %n the.%

opinion between mun%c%pallgcontrolled and other %ndependen%schwoldfatrfcts, afnee the statute makes no au& ~PQV%EO%O~.

It fs our opfnfon that only qualified voters of the common and eonsolfdated independentschool dfs- %r%ets of the countymay vote fop county school trusteeHonorableErnest Gulnn, Page 3 (O-3235)

at large and that all qualified voters of the Commlssloners'Precincts of the countymay vote for the county school trustee from their respectiveprecinctswlthout reference to whether such voters reside In common or Independentschool districtsof whatsoevernature.
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