Ronorabls T. K. Wilkinson 

County Auditor 

Hill County 

Hillsboro, Texas 

Dear Sir : 

OpFnion No. O-3370 

Ret Qualification of' sohool trustee 

as affeated by temporarily llving out of district. 

We are Fn receipt of-your reaent request for an 

opinion in whioh you zubmit the following questions: 

"Was the President of the Sohool Board. dizqualified and was his office vaoated'when he moved 

from the DFstrlct even though he intends to move 

back to the District in about six monthz? . 

"Since he is livihg at the present time in another County and another School Distriat but Intends 

to returh to this DIstriot in about zix mohths, could 

he be eleoted to the School Board for the ensuing term." 

The facts set out in your letter are as follows: 

"A man-who was President of the School Board of 

an independent schoo'l district of less than 500 

zcholastI.cz married and moved to an adj.oinFng county 

where hiz wife is employed and they have bbught~ furniture, furnished an-apartment and live there. He return3 

occazionally'to the zchobl district of prior rezidenoe 

to direct operations of a farm owned there, also he 

transacts business in the county of his new rezidence. 

He intends to move back to the school district' of prior 

residence next fall and he will probably be reelected 

a trustee this month." 
Honorable T. K. Wilkinson, page 2 (O-3370) 

Section XIV, Article 16 of the Constitution 

Texas reads: 

of 

"All civil officers shall reside within the State; 

and all district or county offihers within their districts or' counties, and. shall keep their offices at 

such places as may be required by law; and failure to 

c'omply; with this condition shall vacate the office zo 

held. 

The determination of a person's rezidehce is largely 

dependent upon the Intention of the perzon in question, to be 

determined, not only by his express intentions, but by the 

I;afc:tc;nd circumstances, and resolves itself into a question 

.- In our opinion iYo:O-1534, a bopy~ of which izenclosed herewith, there was before us the question of the. 

residence of a common school district trustee in which we 

ruled: 

"It izbur opihion that if the common school district trustee In question moved out of the common school 

district under zuah facts and circumstances as to reliti:. 

quizh his residence therein, the offiae’ of school trustee 

which he held was thereby vacated. However, if said 

trustee left thediatrlYc only. temporarily with no intention to ohange his rezidence, such IntentTon being 

supported by the facts and oiroumstanoes, the office of 

school trustee held by him would not by that fact alone 

become vacant." 

The reported authorities are-abundant to the effect 

that a mere temporary absence from a person's established 

rezidehce coupled with the intention to return does not 'work 

a' forleiture of his original resldenoe and establish a new 

residence. ., 

As we understand the faots-presented in your letter 

of request, the school trustee in question has no intention 

to'relinquizh his original residence but is merely temporarily 

living in an adjolning county and will return to his' original 

rbsidenoe next fall: Facts showing an Intention to abandon or 

relinqulzh his offloe do not appear in your letter. 
Honorable T. K. Wilkinson, Page 3 (O-3370) 

Under-the factz, as underztbod by uz, It is our‘ 

opinion that the school truztee In queztibn h&s hot'vacated' 

his offioe and is nbt disqualified from being elected to the 

school board for the ensuing term. 

Yours very truly 

AT'l!ORNBYGENERALOFTEXAS 

By /s/ Cioil B. Cammack 

Cecil C. Cammack 

Assist&& 

CCC:AMM:mjz 

ENCLOSURE 

APPROVED OPINION COMKITTEE 

BY /z/ GRL CHAIRMAN