BBA(LEGAL) - BOARD MEMBERS: ELIGIBILITY/QUALIFICATIONS
The State Board of Education shall select trustees for appointment from a list of persons who are qualified to serve as members of a school district board of trustees under Education Code 11.061 and who live or are employed on the military reservation. [See BBB for appointment and nomination procedures.]
Enlisted military personnel and military officers may be appointed to the board. A majority of the trustees appointed for the district must be civilians and all may be civilians.
Education Code 11.352(b); 19 TAC 61.2(a)
A person may not be appointed to the board unless the person is a qualified voter. Education Code 11.061(b)
"Qualified voter" means a person who:
- Is 18 years of age or older;
- Is a United States citizen;
- Has not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote;
- Has not been finally convicted of a felony [see also Atty. Gen. Op. LO 96-114 (1996) (concluding that caveat at Election Code 11.002 does not mitigate blanket prohibition in Election Code 141.001)];
- Is a resident of this state; and
- Is a registered voter.
Election Code 1.020, 11.002
A person is ineligible to serve as a member of the board of a district if the person has been convicted of a felony or an offense under Penal Code 43.02(b) (prostitution). Education Code 11.066