Untitled Texas Attorney General Opinion ( 1940 )

.
OFFICE OF THE AITORNEY GENERAL OF Tw
AWTIN
Bon. Balker Cars02
County Attorney
mdspth- Comty
Siarra B:encn, Tcras
DQ%r sira
8 1s char in its prohibltioze and
auoertda whetbar tl-23oftico cf trustee
df3iriot is included tizrein.
*lieone who holds an office of proSit or
trust under the United states CT thiG State,
EOna Falbr Cerson, Page 2
‘or .l.n any
city or town in this Stats, '+ * l.
shall act 88 judge, clerk or supervisor o r EnJ
sl4ctioa~ * + * w
the Court in the case o? Cl.iZTZm r.XiXLIS, 278 S.W. 465,
recognized the office OS trustee OS a comori school.dls-
trict to be *an oSSic8 of trust" under such statute, the
opinica reading at p. 466:
wAt the the he so acted, he Wa6 holding
an office oS trust under the laws of the state
of Texas, to--&t, being a trustee for said
school district Fo. 26 * L * *
In our opinion,~therecan be no doubt comern-
ing the corractness of the proposition that the office
of trustee 0r a common school district is an orrice 0r
tNst sithin the ;xrrYiewOS Acticlo 294C, supra; there-,
fare, On8 holding such OftiC is disqualified frm aot-
ing as County Chaimn of the Deaocratlc Zxecutioe
cOzDd.tt80.
.Accordingly,you are respectfullyadvised that
it is ooinlon or tkls deDart.zentthat sour viestion
the
should be akmred in the aSiirz+intive; na&?ly, ihat a
*Ean, although elected county ohairzan of tho Emocratio
ErecutJvc Coznitteo of EudsDetn County, Texas, is dis-
qualfied rrccLactirg in such capacity by virtue of his
being the holder of the office or trastee or a CGZRO~
school district.
Trustiugthat we have adequately ansmreredyour
inquiry, xe r0Lloi.n
yours very truly
zcs : ob
G%ii&2!* Assistant