Case Information
*1 ,
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- to which ho lo olaotod Itttrlat l l qualifiad ‘voter in raid dir-
In our opinion No. o-425, wo ruled that it war naoeawry fo r l person to hold a poll tax rroript In orbe? (t8 a sohool 6rartrr of a oornaoa rahool dirtriot. to qualifT Thlr oplnlon 18 supported by numrou8 prior doola~0~8 by thtr drpar6arnt. I
, .: Hon. B. Y. Whitware, Paga 2 in an opinion addressed Thlr department rulrd to fin B. Dyer, dated April 20, 1935, Lottar Book, Honorable 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 l lootlon 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 tax phare la concernad. insofar as the poll 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
OPINION 0 CoMMlrrEC APPROVED Ew- C**r.“*Y