,
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
wa are in rraalp
ia whloh you robnit the
for aa oplntonr
WoulJ a trJs 3ohool Dlr-
raid trurtoe
year ae trur-
ClYil atetuter, 1925, 8# I-
O trurtea who cannot
for #lx math8 prior to hlr
rldl~ no perwn rhall ba purl-
oo unlrro ho lo a proportf tax-
Itttrlat to which ho lo olaotod
l l q u a lifia d‘voter in r a id dir-
In our opinion No. o-425, wo ruled that it war
na o ea wr y fo rl person to hold a poll tax rroript In orbe?
to qualifT (t8 a sohool 6rartrr of a oornaoa rahool dirtriot.
Thlr oplnlon 18 supported by numrou8 prior doola~0~8 by
thtr drpar6arnt.
I
,
.:
Hon. B. Y. Whitware, Paga 2
Thlr department rulrd in an opinion addressed to
Honorable fin B. Dyer, dated April 20, 1935, Lottar Book,
Volume 363, pagr 590, that the frllurr to obtain a poll tax
rsoelpt for subrrqurnt years would not disqualify II trustrr
who was duly qualified when aleotad to the oitloo of 00-n
school trueteo. In that opinion it wes statod:
wA poll tar 1s rssantlal before ons la
qualified to hold this posltlon. Howover, it
appoaro that Ylsa Terre11 at the tlmr of her
llootlon and at tho time Of quallrlcatlon was
qasllflad in thlr rtspeot, and wa ars of tho
opinion that her falling to obtain a poll tax
for the year 1935 1s lsmatrrlal, and that rho
1s still a duly quallrled and acting trustee
insofar as the poll tax phare la concernad.
Thr reason for this rule 1s apparent. xi euoh
wsra not tha case, there would br a oonetant
disorder on thr various boards by one lnad-
rertantly railing to obtain a poll tax. w
A similar ruling was madr in an opinion to Honorable
Wordlow Lena, dated April 18, 1935, Volums 363, page 323.
i% have aonsldarsd the controlling rtatutes and the
former opinions by this department, and are of the opinion
that a school trustaa in a common school Qlstriot, slsctsd
1~ 1939 and who mat all of ths requirements prasarlbed by
Artlolo 2745 at ths time of his rlsotlon and qualification
as such tru8teb, would not be dlsquallflrd and subject to
repoval, by reason of his failure to pay his poll tax ror
subsequent years during hla trr;r! of orfios.
Very truly yourr
Assls tant
CCC/or
APPROVEDMAY 3, 1940
0
APPROVED
OPINION
CoMMlrrEC
Ew-C**r.“*Y