,
July 9, 1970
Hon. J. W. Edgar Opinion NO. M-658
Commissioner of Education
201 East 11th Street Re: Whether trustees of an
Austin, Texas Independent School District
have authority to adopt
procedures for recall
elections for members of
such board.
Dear Dr. Edgar:
We are in receipt of your letter requesting an opinion in
regard to the above stated question. We quote from your letter
as follows:
"The Board of Trustees of an independent school
district (Wichita Falls), recently presented with a
resolution by local patrons urging the Board to
adopt and implement procedures for recall elections
for removal of trustee members of such school board,
has requested me to submit to the Office of Attorney
General for an opinion the following question:
"Does the board of trustees of the Wichita
Falls school district have the power, expressed
or implied, under common law or the statutes of
Texas to adopt a resolution or policy providing
procedures to effect petition and recall elections
of member(s) of its school board?"
Trustees of independent school districts are ccnsidered
"county officers" subject to the provisions of Section 24 of
Article V of the Texas Constitution. Fowler v. Thomas, 275 S.W.
253 (Tex.Civ.App. 1925, err. dismd.).
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Hon. J. w. Edgar, Page 2 (M-658)
Section 24 of Article V is quoted as follows:
"County Judges, County Attorneys, clerks of the
District and County Courts, Justices of the Peace,
Constables, and other county officers, may be
removed by the judges of the district courts for
incompetency, official misconduct, habitual drunken-
ness, or other causes defined by law, upon the
cause therefor being set forth in writing and the find-
ing of its truth by a jury." (Emphasis added.)
The above method and the statutes enacted pursuant thereto
(Articles 5970, et seq) of removing county officers from office
are exclusive. Griver v. Thomas, 101 Tex. 36, 104 S.W. 1058
(1907); State ex rel Downs v. Harvey, 164 S.W.2d 55 (Tex.Civ.
APP. 1942, err. ref. w.0.m.); Jordan v. Crudqinoton, 149 Tex.
237, 231 S.W.2d 641 (1950).
In light of the above cited constitutional provision and
the cases cited, it is our opinion hat the school board has
no authority to prescribe a method i-
or removal of individual
trustees by recall or otherwise which may be inconsistent with
said constitutional provision or statutes.
SUMMARY
The Board of Trustees of the Wichita
Falls School District has no authority to
adopt a resolution or policy providing for
recall elections of i
General of Texas
Prepared by James C. McCoy
Assistant Attorney General
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Hon. J. W. Edgar, page 3 (M-658)
APPROVED :
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, CO-Chairman
Mitchell William6
Wardlow Lane
Jerry Roberts
Bob Giddings
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
ALFRED WALKER
FXecUtiVe ASSiStant
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