We are in receipt of your letter of April '.A, 1939, wherein you request our opinionin response to the following question:

"Does a voter, desiring to vote at a school trustee election, where trustees are elected for a ,common School District, have to reside in the particular school district for 6 months preceding the election, i to be eligible to vote?" VI, Section 2 of the 'Constitution of Texas, pro- Article vides in part as follows: "Every person subject to none of the foregoing

dls-qualifications, who shall have attained the age of twenty-one years and who Shall be a citizen &P the United States and who shall have resided infhls State one year next preceding an election and the last six months within the dlstrlct'or county In which such person offers to vote, shall be deemed a qualified elector; , . .'I Article 2955, Revised Civil Statutes, provides in part as follows:

"Every person subject to none of the foregoing

dis-qualifications who shall have attained the age of twenty one years and who ~shall be a citizen of the United States, andwho shall have resided in this State one year next preceding an election, and the last six months within the district or county In wh.ich he or she ofPers to vote, shall be deemed a qualified elector. . . In any election held only In a subdivision of a county for the purpose of determining any local question or proposition affecting only such subdivision of the county, then in addition to the foregoing qualifications, the voter must have resided In said couaty for six months next preceding such election . . . . . .

L . Hon. N.F. Kieke, April 12, 1939, Page 2 o-614

Although not necessary to the-decision in that case, it was indicated in Little v. State, 12 S.W. gbb, that the court was of the opinion that the word "district" as used in the foregoing constitu- tional provision meant a district wh~lch includes counties, such as a congressional district, senatorial district or representative district, rather than a district which 1s formed within the boundaries of a given county, such as a school district.

In the case of Warren v. Robinson, 32 S.W. (2) 871, it was held that in a road district election six months residence on the part of a voter in such subdivision was not required under Article 2955. While that opinion was based largely upon th.e second quoted sentence above from Article 2955, we believe that such case would be controlling in the situation which you present to us whether the sch.001 district be regarded as a subdivision of a county or not: If the term "district", as used in Article VI, Section 2 of the Constitution, should be ConstrUed to mean that a voter Should be required to reside for the last six months within a school district than we believe that it would likewise have to be construed to require residence in a road district for such six months, Irrespective of statute. There Is no provision anywhere that in either instance the voter should have resided for six months in the district In which he presents himself to vote.

Our answer to your question, therefore, is a negative ,-~. one.

!’ ‘) Yours very truly,

ATTORNEYGERERAL OFTEXAS By s/ Glenn R. Lewis AsSiStaIlt GRL:N:wc

APPROVED .

s/GERALDC.illANN

AT!L’ORNEY GFXERAL OF TEXAS