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Texas AG Asked to Clarify ISD Trustee “Resign-to-Run” Situation

Requested Opinion: RQ-0619-KP

Clip art: illustrating school board trustee/justice of the peace incompatibility question
Composite image: Pixabay/TexEdNews

Texas House Public Education Committee Chair Brad Buckley, R-Salado, asks the state attorney general (AG) these two questions:

  • If a school board member — who has more than a year and 30 days left on his or her board term — automatically resigns from the board upon announcing as a justice of the peace (JP) candidate.

  • If a school board member may simultaneously serve as a JP and a school board member.
Truancy Courts

Buckley says the issue involves the fact that JPs may serve as truancy courts — and he asked the AG to clarify if a person simultaneously serving in the dual role of an ISD board member and a JP would be incompatible under state law.

Buckley added that his question was asked in light of an unnamed school trustee — whose term ends in November 2028 — who has announced intentions to run for JP.

The state attorney general typically has up to six months to issue a published opinion.