Eligibility and Qualifications

Board Members Eligibility/Qualifications


ELIGIBILITY
To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, including a college district board member, a person must:

1. Be a United States citizen.
2. Be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable.
3. Have not been determined by a final judgment of a court exercising probate jurisdiction to be:
a. Totally mentally incapacitated; or
b. Partially mentally incapacitated without the right to vote.
4. Have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities.
5. Have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date:
a. For an independent candidate, the date of the regular filing deadline for a candidate’s application for a place on the ballot.
b. For a write-in candidate, the date of the election at which the candidate’s name is written in.
c. For an appointee to an office, the date the appointment is made.
6. On the date described by item 5, be registered to vote in the territory from which the office is elected.

Texas Constitution, Art. XVI, Sec. 14; Election Code 141.001 (a); Education Code 130.082(d), (g); Gov’t Code 601.009; Att’y Gen. Op. GA-555 (2007)

QUALIFIED VOTER
A person may not be elected Trustee unless the person is a qualified voter. Education Code 130.082(d)

"Qualified voter" means a person who:

1. Is 18 years of age or older;
2. Is a United States citizen;
3. Has not been determined by a final judgment of a court exercising probate jurisdiction to be:
a. Totally mentally incapacitated; or
b. Partially mentally incapacitated without the right to vote;
4. Has not been finally convicted of a felony or, if so convicted has:
a. Fully discharged the person’s sentence, including any term of incarceration, parole, or supervision or completed a period of probation ordered by any court;
b. Been pardoned or otherwise released from the resulting disability to vote. A person is considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt;
5. Is a resident of this state; and
6. Is a registered voter.

Election Code 11.002

OFFICIAL OATHS
Each member of the board shall take the proper oath of office before taking up the duties of office. Education Code 130.082(d)

APPOINTMENT TO OFFICE
An individual appointed to the office of Trustee must have resided continuously in the state for 12 months and in the territory from which the office is elected for six months. A person appointed to fill a vacancy in a trustee district must be a resident of that trustee district. Election Code 141.001(a)(5); Education Code 130.082(d)

RESIDENCE' DEFINED
“Residence” shall mean domicile, one’s home and fixed place of habitation to which one intends to return after any temporary absence; one does not lose one’s residence status by leaving to go to another place for temporary purposes only. A person does not acquire a residence in a place to which the person has come for temporary purposes only and without the intention of making that place the person's home. Residence shall be determined in accordance with the common-law rules, as enunciated by the courts of this state, except as otherwise provided by the Election Code. Election Code 1.015

Source: Laredo College BBA (Legal) Policy