Honorable Ben R. Howell Opinion No. M-1290
Chairman, State Board of Education
201 East 11th Street Re: Eligibility to serve as
Austin, Texas 78701 a member of State Board
of Education.
Dear Mr. Howell:
Your request for an opinion asks the following questions:
"~(1)Legally, may the candidate-elect from
District 20 qualify as a member and serve on the
State Board of Education beginning January 1,
1973, whether or not s(he) continues to be employed
by a Texas school district?
"(2) If the answer to (1) is in the negative:
Does there come into existence a vacancy beginning
January 1, 1973 to be filled in the manner set out
in Code Section 11.22(k)?"
You state in your request that the candidate-elect in Con-
gressional District 20 was employed as a teacher in the Edgewood
Independent School District prior to the 1972 general election
and is still so employed.
Our answer to question (1) is "no".
Section 11.22 of the Texas Education Code provides the quali-
fications for membership on the State Board of Education. Sub-
division (b) of Section 11.22 reads as follows:
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Honorable Ben R. Howellr page 2 (M-1290)
" (b). No person shall be eligible for election
to or serve on the board if he holds an office with
the State of Texas or any political subdivision
thereof, or holds emplovment with or receives any
compensation for services from the State or any
political subdivision thereof (except retirement
benefits paid by the State of Texas or the federal
government), or ensases in orqanized public educa-
tional activity." (Emphasis added.)
The language of the foregoing statute is clear. Under its
terms the individual in question may not serve on the State
Board of Education.
Our answer to question 2 is "yes". Since the candidate-
elect is ineligible to serve, then a vacancy exists and Section
11.22(k), Texas Education Code, provides the method of filling
vacancies on the Board.
SUMMARY
A candidate-elect who is employed as
a teacher is ineligible to serve on the
State Board of Education under Section 11.22(b)
o.fthe Texas Education Code. The vacant
position on the Board is to be filled in
accordance with the provisions of Section 11.22(k)
of the Texas Education Code.
Your very truly,
27
Atto&ey General of Texas
Prepared by Barry C. Green
Assistant Attorney General
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Honorable Ben R. Howell, page 3 (M-1290)
APPROVED: .
OPINION COMMITTEE
W. E. Allen, Chairman
Bob Gauss
Gerald Ivy
S. J. Aronson
Charles Lind
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLA WHITE
~~FirstAssistant
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