Honorable J. W. Edgar

Commissioner of Education Texas Education Agency Aus tin, Texas

Dear Dr. Edgar:

Your request for in part as follows:

“Apersonwho is OpinionNo. 

### ~~-165 Ret Whenmust a person running for the State Board of Education resign from her position as a trustee of a local schooldistrict?
an opinion datedMay 24, 

### 1957,reads currently serving as trustee of an independent school district of this State is contemplatingrunning for the office of membership on the StateBoard of Education. This person inquired: When must a person running for the State Board of Education resign fromher position as a trustee of a local school district: n1. At the time she announces as a candidate for the State Board of Education? “2. At the time of the Democratic Primary? * 

### “3. At the time of the GeneralElection? 

### u4. At the time of taking office as amember of the State Board of Education?” We understand from your letter that the person posing the inquiry intends to seek the nomination of the Democratic Party and then as the nominee of saidparty, seek election to the State Board of Education at the next ensuing General Election. Section 

### 9 of Article2654-2, Vernon’s Civil Statutes, provides in part as follows:

“Nopersonwho holds an officeunder the State of Texas or any political subdivisionthereof . . . or any person engaged in organizedpublic educational activity, shallbe eligibleto serve on said Bdard pr be elected thereto. ”

. . .-- --- ,: _

Honorable J. W. Edgar, page 2 (w-165)

A school district is a political subdivisionof the oodson Q&gD&gnt School District v Stat& Tex.Civ.App.1939). Therefore, a me;ber of'a'%%'* schoolboard, pursuant to the foregoing statute, cannot serve on or be elected to the StateBoard of Education. It is clear that this disqualificationcan be removedby a timely resignation from the schoolboard. The primary question iswhen must such resignationoccur.

We are denied the benefit of any courtdecisions or prior opinionsby this office dealingwith the statutehere in question or a statute of similarimport.

Section 

### 5 of Article 2654-2,provides inpart: "At the gen ral clew in 1950 there shall be glected, in conformitywith the general election laws of this State, from each of the CongressionalDistricts, one (1)member of the State Board of Education.
. . . At the general election in 1952 and at each members shallbe electei,
. . . The foregoing statute expresslyprovides that members of the State Board of Education are elected at the general election. On the otherhand, it has been held that the primary election is not an election for an office. 15 B Tex.Jur. D. 427; Carter v. Tomlinspg 227 S.W.2d 795; tiler v. Neff; (D.C.Tex. 1924) 298 F. $15.

Since a personrunning for the StateBoard of Education is elected at the general election and Section 9 of article 2654-2merely precludes a person frombeing elected to said board who holds another designated office, it is our view that this disqualificationcan be removed by a resignation from the latter office at anytimeprior to the date of the general election.

Aperson seeking election to the

State Board of Educationwho holds the office of trustee of a local school district, may qualify for election to saidHonorable J. W. Edgar, page 

### 3 (w-165)

Board by resigning as school trustee at any time prior to the date of the general election. Yours very truly, WILL WILSON AttorneyGeneral of Texas

LP:zt:wb APPROVED: OPINION COMMITTEE: H. Grady Chandler, Chairman Jas. H.-Rogers John H. Minton, Jr. Jack Goodman BY’ Leonard Passmore assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: Geo. P. Blackburn