Untitled Texas Attorney General Opinion

Ronorabls T. K. Wilkinson County Auditor Hill County Hillsboro, Texas Dear Sir : OpFnion No. O-3370 Ret Qualification of'sohool trustee as affeated by temporarily llv- ing out of district. We are Fn receipt of-your reaent request for an opinion in whioh you zubmit the following questions: "Was the President of the Sohool Board.diz- qualified and was his office vaoated'when he moved from the DFstrlct even though he intends to move back to the . District in about six monthz? "Since he is livihg at the present time in an- other County and another School Distriat but Intends to returh to this DIstriot in about zix mohths, could he be eleoted to the School Board for the ensuing term." The facts set out in your letter are as follows: "A man-who was President of the School Board of an independent schoo'ldistrict of less than 500 zcholastI.czmarried and moved to an adj.oinFngcounty where hiz wife is employed and they have bbught~furni- ture, furnished an-apartment and live there. He return3 occazionally'to the zchobl district of prior rezidenoe to direct operations of a farm owned there, also he transacts business in the county of his new rezidence. He intends to move back to the school district'of prior residence next fall and he will probably be reelected a trustee this month." Honorable T. K. Wilkinson, page 2 (O-3370) Section XIV, Article 16 of the Constitution of Texas reads: "All civil officers shall reside within the State; and all district or county offihers within their dis- tricts or'counties, and.shall keep their offices at such places as may be required by law; and failure to c'omply;with this condition shall vacate the office zo held. The determination of a person's rezidehce is largely dependent upon the Intention of the perzon in question, to be determined, not only by his express intentions, but by the I;afc:tc;nd circumstances, and resolves itself into a question .- In our opinion iYo:O-1534, a bopy~of which izen- closed herewith, there was before us the question of the. residence of a common school district trustee in which we ruled: "It izbur opihion that if the common school dis- trict trustee In question moved out of the common school district under zuah facts and circumstances as to reliti:. quizh his residence therein, the offiae’ of school trustee which he held was thereby vacated. However, if said trustee left thediatrlYc only.temporarily with no in- tention to ohange his rezidence, such IntentTon being supported by the facts and oiroumstanoes, the office of school trustee held by him would not by that fact alone become vacant." The reported authorities are-abundant to the effect that a mere temporary absence from a person's established rezidehce coupled with the intention to return does not 'work a'forleiture of his original resldenoe and establish a new residence. ., As we understand the faots-presented in your letter of request, the school trustee in question has no intention to'relinquizh his original residence but is merely temporarily living in an adjolning county and will return to his'original rbsidenoe next fall: Facts showing an Intention to abandon or relinqulzh his offloe do not appear in your letter. Honorable T. K. Wilkinson, Page 3 (O-3370) Under-the factz, as underztbod by uz, It is our‘ opinion that the school truztee In queztibn h&s hot'vacated' his offioe and is nbt disqualified from being elected to the school board for the ensuing term. Yours very truly AT'l!ORNBYGENERALOFTEXAS By /s/ Cioil B. Cammack Cecil C. Cammack Assist&& CCC:AMM:mjz ENCLOSURE APPROVED OPINION COMKITTEE BY /z/ GRL CHAIRMAN