THE AYTORNEY GENERAL 

OF 7lrExAs 

Aul3-xmw 11. TEXAS 

WILL WILSON 

A’lTO- GENERAL. July 18, 1962 

Honorable Wm. L. Ferguson Opinion No. WW-1387 

County Attorney 

Rusk County Courthouse Re: Eligibility of a person to 

Henderson, Texas be appointed a school,trustee to fill a vacancy in 

such office, when such person has not resided In the 

school district for six months 

Dear Mr. Ferguson: prior to such appointment. 

You have asked the following question: 

“Is a person eligible to hold office as a school trustee In an lndependent school district who has been 

appointed by the board to fill a vacancy when this person has not resided 

in the school district for six months 

prior to said appointment?” 

Article 1.05, Texas Election Code, provides in part: 

“No person shall be eligible to 

s State, county, 

clpal office in this ?%GuifeFiZ 

shall begible to hold office under the Constitution of this State, 

and unless he shall have resided in 

this State for the period of twelve 

(12) months and six,(b) months In the 

county, precinct, or municipalit I 

which he fferslmself o as a can%d$e, 

next preceding any general or special 

election, and shall have been an actual bona fide citizen of sa 

precinct, or municipality 

months. . . .I’ pmphasis w 

Whitmarsh v. Bucklex, 324 S.W.2d 298 (Clv.App. 1959) was a 

case involvlnn the right of one elected trustee and one aDDOinted 

~trustee of th: Aldine-Independent School District In Harris County 

to continue to serve on the Board of Trustees, after the area in 

which they resided was de-annexed from the Aldlne Independent 
Honorable Wm. L. Ferguson, page 2 Opinion No. WW-1387 * 

School District and annexed to the Houston Independent School 

District. The Court of Civil Appeals held that Art. 1.05, Texas 

Election Code, was the governing law In the situation. After 

quoting the above statute, the Court stated at page 301: 

"From this It will be seen that 

every type of office in the State 

Is covered In general terms. While 

the term 'school trustee’ is not 

used, the terms 'State', 'countyl, 

'precinct' and tmunlclpal office' 

are used. We think the term 'preclnct' Is used In a general sense 

to include all political units within 

the county, except municipal, that 

are less than county-wide in area. 

The evident purpose of the statute 

Is to require representation of a 

political unit by one who Is elected 

who resides In the unit which he Is 

to serve. It is true that it does 

not deal specifically with removal 

from office upon cessation of residence once a person has been elected, 

but it would in effect be meaningless if it is Interpreted as tiestrictive only of residence at the time 

of election and qualification. If 

it Is so restricted, a person could 

be elected and qualjpy and then move 

out of the political unit and yet 

continue to act in an official capacity when he is no longer affected 

by the acts he performs. A statute 

should be liberally construed to 

effect the Intention of the legislature. It has ever been traditional 

with Texas to require representation 

be elective officers who are residents of the political unit for which 

the elected officer acts. 

"We therefore, hold that when a 

school trustee permanently becomes 

a non-resident of the school dlstrlct he was elected to serve, he 

vacates his office." 
Honorable Wm. L. Ferguson,‘page 3 Opinion No. WW-1387 

On Motion for Rehearing, the Court modified its use of 

the word “vacate” as used in last sentence quoted above, and 

stated at page 303: 

“Under Article 1.05 of the Election Code a school trustee becomes 

lneligible.to continue to serve, 

upon proper attack, when he becomes 

a permanent non-resident of the dlstrict. We feel our use of the term 

‘vacate’ in our original opinion was 

perhaps too broad. We think the 

correct term is ~inellglble.~ There 

Is nothing In the statute providing 

that an office will automatically 

become vacant when a person becomes 

InelIgIble. . . .‘I 

At page 304 the Court said: 

“It was admitted that appellees 

had been duly elected or appointed 

to office, had qualified and were 

acting as trustees. They were, 

therefore, de facto officers and 

the action to question their ellglbillty to continue to serve Is by 

quo warrant0 proceedings.” 

If a person Is not eligible to be elected to serve as 

school trustee unless he has been an actual bona fide citizen 

for six (6) months next preceding his election, then an appointee who fills a vacancy on a school board must possess the 

same qualifications for that office as one who is elected, and 

must have been an actual bona fide citizen of such school district for SIX (6) months next preceding his appointment. We 

could paraphrase what was said above In the Whltmarsh case, 

and say: It Is true that Art. 1.05, Election Code does not 

deal specifically with the residence qualifications of one who 

is appointed to fill a vacancy, but the article would In effect 

be meaningless if It is interpreted as restrictive only of resldence qualifications for those who are elected as school trustees. 

We hold therefore, that a person who has not resided in the school 

district for six (6) months or more Is not eligible for appointment as school trustee to fill a vacancy. 
Honorable Wm L. Ferguson, page 4 Opinion No. ~~-1387 * 

SUMMARY 

A person who has not resided in the school 

district for six (6) months or more Is not ellgible for appointment as a school trustee to 

fill a vacancy on the Board of Trustees of ar 

Independent school district. 

Yours very truly, 

WILL WILSON 

Attorney Qeneral of Texas 

Riley Eugene Fletcher 

Assistant 

REF:rk 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Robert Lewis 

W. 0. Shultz 

Colemen Gay 

REVIEWEDFOR THE ATTORNEYGENERAL 

BY: Leonard Passmore