Ronorabls T. K. Wilkinson

CountyAuditor Hill County Hillsboro, Texas
Dear Sir : OpFnionNo. O-3370 Ret Qualification of'sohool trustee as affeatedby temporarily llving out of district.
We are Fn receipt of-yourreaent request for an opinion in whioh you zubmit the following questions:

"Was the President of the SohoolBoard.dizqualified and was his officevaoated'whenhe moved from the DFstrlct even though he intends to move back to the District in about six monthz?

. "Sincehe is livihg at the present time in anotherCounty and another School Distriat but Intends to returh to this DIstriot in about zixmohths, could he be eleoted to the School Board for the ensuing term." The facts set out in your letter are as follows:
"Aman-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-apartmentand live there. He return3 occazionally'tothe zchobldistrict of prior rezidenoe to direct operations of a farm owned there, also he transactsbusiness in the county of his new rezidence. He intends to move back to the school district' of prior residence next fall and he will probablybe 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 offiherswithin their districts or'counties,and.shall keep their officesat 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 onlyby 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 questionmoved out of the common school district under zuah facts and circumstancesas to reliti:. quizh his residence therein, the offiae ’ of school trustee which he held was thereby vacated. However, if said trustee left thediatrlYc only. temporarilywith no intention to ohange his rezidence, such IntentTon being supportedby the facts and oiroumstanoes,the office of school trustee held by him would not by that fact alone become vacant." The reported authorities are-abundantto the effect that a mere temporary absence from a person's established rezidehce coupled with the intentionto return does not 'work a'forleiture of his originalresldenoe and establish a new residence.
.,

As we understand the faots-presentedin your letter of request, the school trustee in question has no intention to'relinquizhhis originalresidencebut is merely temporarily living in an adjolning county and will return to his'original rbsidenoenext fall: Facts showing an Intention to abandon or relinqulzh his offloe do not appear inyour letter.Honorable 

### T. K.Wilkinson,Page 3 (O-3370)

Under-the factz, as underztbodby uz, It is our‘ opinion that the school truztee In queztibn h&s hot'vacated' his offioe and is nbt disqualifiedfrom being elected to the schoolboard 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