Honorable J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

Aus tin, Texas 

Dear Dr. Edgar: 

Your request for 

in part as follows: 

“A person who is 

Opinion No. ~~-165 

Ret When must a person running for the State Board 

of Education resign from 

her position as a trustee 

of a local school district? 

an opinion dated May 24, 1957, reads 

currently serving as trustee of an independent school district of this 

State is contemplating running for the office of 

membership on the State Board of Education. This 

person inquired: When must a person running for 

the State Board of Education resign from her 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 General Election? 

u4. At the time of taking office as a member 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 said party, seek election to 

the State Board of Education at the next ensuing General Election. 

Section 9 of Article 2654-2, Vernon’s Civil Statutes, 

provides in part as follows: 

“No person who holds an office under the State 

of Texas or any political subdivision thereof . . . 

or any person engaged in organized public educational activity, shall be eligible to serve on said 

Bdard pr be elected thereto . . . . ” 
-- --- ,: _ 

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

A school district is a political subdivision of the 

oodson Q&gD&gnt School District v Stat& 

Tex.Civ.App. 1939). Therefore, a me;ber of 'a'%%'* 

school board, pursuant to the foregoing statute, cannot serve 

on or be elected to the State Board of Education. It is clear 

that this disqualification can be removed by a timely resignation from the school board. The primary question is when must 

such resignation occur. 

We are denied the benefit of any court decisions or 

prior opinions by this office dealing with the statute here in 

question or a statute of similar import. 

Section 5 of Article 2654-2, provides in part: 

"At the gen ral clew in 1950 there shall 

be glected, in conformity with the general election laws of this State, from each of the Congressional Districts, one (1) member of the State 

Board of Education. . . . At the general election 

in 1952 and at each 

members shall be electei, . . . 

The foregoing statute expressly provides that members 

of the State Board of Education are elected at the general election. On the other hand, 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 person running for the State Board of Education is elected at the general election and Section 9 of article 

2654-2 merely precludes a person from being elected to said 

board who holds another designated office, it is our view that 

this disqualification can be removed by a resignation from the 

latter office at anytime prior to the date of the general election. 

A person seeking election to the 

State Board of Education who holds the 

office of trustee of a local school district, may qualify for election to said 
Honorable 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 

Attorney General 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