Texas Attorney General Opinion: WW-1387 Page: 3 of 4
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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 Elec-
tion Code a school trustee becomes
ineligible, to continue to serve,
upon proper attack, when he becomes
a permanent non-resident of the dis-
trict. We feel our use of the term
'vacate' in our original opinion was
perhaps too broad. We think the
correct term is 'ineligible.' There
is nothing in the statute providing
that an office will automatically
become vacant when a person becomes
ineligible. .. ."
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 eligi-
bility to continue to serve is by
quo warranto 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 ap-
pointee 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 dis-
trict for six (6) months next preceding his appointment. We
could paraphrase what was said above in the Whitmarsh 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 resi-
dence 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 appoint-
ment as school trustee to fill a vacancy.p V
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1387, text, July 18, 1962; (https://texashistory.unt.edu/ark:/67531/metapth268000/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.