Qualifications For - Local Political Subdivisions
Public Office Sought |
U.S. Citizen |
Texas Resident |
Territory Resident |
Registered to Vote in Area of Office Sought |
Minimum Age |
Any other requirements |
Source Law |
---|---|---|---|---|---|---|---|
Type A City: Mayor |
Yes |
12 months a |
12 months b |
Yes c |
18 |
- |
Loc. Gov’t Code |
Type A City: Alderman |
Yes |
12 months a |
Yes c |
18 |
- |
Loc. Gov’t Code |
|
Type B City |
Yes |
12 months a |
6 months b |
Yes c |
18 |
- |
Loc. Gov’t Code |
Type C City |
Yes |
12 months a |
6 months a |
Yes c |
18 |
- |
Elec. Code |
Home Rule City |
Yes |
12 months a |
6 months; or city charter may require up to 12 months |
Yes c |
18; or city charter may require up to 21 |
Elec. Code |
|
School Board Trustee |
Yes |
12 months a |
6 months a |
Yes c |
18 |
Educ. Code |
|
Library District |
Yes |
12 months a |
6 months a |
Yes c |
18 |
- |
Loc. Gov’t Code |
|
Elec. Code |
Elec. Code |
Elec. Code |
Elec. Code |
Elec. Code |
|
|
After the election, Government Code Section 601.009 provides that office-holders must be registered voters of the area they were elected from as of the time they are sworn in.
* Brown v. Patterson, 609 S.W.2d 287 (Tex. Civ. App.—Dallas 1980) is the benchmark case for harmonizing provisions in the Election Code and other laws regarding candidate qualifications, including the type of language that is sufficiently express to supersede another conflicting provision.
- Prior to the filing deadline
- Prior to election day
- Must be a registered voter in territory elected from by the filing deadline. See Voter Registration Requirements for Candidates for more information.
- The U.S. Supreme Court has held that requiring a candidate own property violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Turner v. Fouche, 396 U.S. 346 (1970).
- In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate for school board trustee must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve. Sec. 11.066, Education Code.