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	Yes	18	-	Loc. Gov’t Code § 22.032
Type A City: Alderman	Yes	12 months ^a	6 months ^a*	Yes ^c	18	-	Loc. Gov’t Code § 22.032
Type B City	Yes	12 months ^a	6 months ^b	Yes ^c	18	-	Loc. Gov’t Code § 23.024
Type C City	Yes	12 months ^a	6 months ^a	Yes ^c	18	-	Elec. Code § 141.001
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	^d	Elec. Code § 141.003
School Board Trustee	Yes	12 months ^a	6 months ^a	Yes ^c	18	^e	Educ. Code § 11.066
Library District	Yes	12 months ^a	6 months ^a	Yes ^c	18	-	Loc. Gov’t Code § 326.042
Hospital District	Yes	12 months ^a	6 months ^a	Yes ^c	18	^f	Health & Safety Code § 286.045
Junior College District	Yes	12 months ^a	6 months ^a	Yes ^c	18		Educ. Code Ch. 130
County Appraisal District	Yes	12 months ^a	2 years ^g	Yes^c	18	See CAD page	Tax Code § 6.0301
	Elec. Code § 141.001	Elec. Code § 141.001	Elec. Code § 141.001	Elec. Code § 141.001	Elec. Code § 141.001

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. Additionally, per HB 3629 (89th Leg., R.S.), effective immediately, individuals who are required to register as sex offenders under Chapter 62, Code of Criminal Procedure, are not eligible to serve on the board of trustees of an independent school district.
An employee of the district may not serve as a director. [Health & Safety Code § 286.045]
Resided in the district for at least two years immediately preceding the date the candidate takes office. [Tax Code § 6.0301(d)]

Director/Commissioner Qualifications for Water Districts

(for General Law Districts with Elected Directors Only)

If the qualification provision applies, the column is marked ✓. If it does not apply, the column is marked - Please review relevant notes where indicated.

Type of District	General Law Statute	Director Disqualification (A)	Minimum Age	District Residency Requirement	Voter Registration Requirement	Land-Owner Requirement
Groundwater Conservation District	Water Code, Ch. 36	✓B	18	6 months	✓	-
Water Control & Improvement District	Water Code, Ch. 51	✓C	18	E	E	E
Underground Water Conservation District	Water Code, Ch. 52	-	18	6 months	✓	-
Fresh Water Supply District	Water Code, Ch. 53	✓	18	F	F	F
Municipal Utility District	Water Code, Ch. 54	✓	18	G	G	G
Water Improvement District	Water Code, Ch. 55	✓C	18	H	-	✓
Drainage District	Water Code, Ch. 56	✓D	18	6 months	✓	-
Levee Improvement District	Water Code, Ch. 57	✓D	18	I	I	I
Irrigation District	Water Code, Ch. 58	-	18	J	-	J
Regional District	Water Code, Ch. 59	-	18	6 months	✓	-
Navigation District: Art. 16, Sec. 59	Water Code, Ch. 62	-	18	K	K	-
Self-Liquidating Navigation District	Water Code, Ch. 63	-	18	L	L	✓
Special Utility District	Water Code, Ch. 65	-	18	M	M	M
Stormwater Control Districts	Water Code, Ch. 66	✓	18	N	✓	-

NOTE: Election Code Section 141.001 (Eligibility Requirements for Public Office) applies to all general law districts, except municipal management districts. If a minimum age or requirement to reside in the district’s boundaries was not specifically mentioned in the governing Water Code chapter for the district’s type, then the eligibility requirements prescribed by Election Code Section 141.001 apply and the minimum age to qualify for public office is 18, and the candidate must have resided in the state for at least 12 months and in the district for at least 6 months.

A – Certain districts have disqualifications due to a person’s relationships or statuses. Those disqualifications are outlined in Water Code Section 49.052. Does not apply to districts whose boundaries include one entire county. [Water Code § 49.052]

B - A member of a governing body of another political subdivision is ineligible for appointment or election as a director. A director is disqualified and vacates the office of director if the director is appointed or elected as a member of the governing body of another political subdivision. [Water Code § 36.051(b)]

C – Does not apply to districts whose principal function is to provide irrigation water to agricultural lands or to provide nonpotable water for any purpose. [Water Code §§ 49.052, 51.072, and 55.102]

D – Does not apply to districts governed by a board of directors appointed in whole or in part by the governor, a state agency, or the governing body or chief elected official of a municipality or county and does not provide, or propose to provide, water, sewer, drainage, reclamation, or flood control services to residential retail or commercial customers as its principal function, or a district where the principal function of the district is to provide irrigation water to agricultural lands or to provide nonpotable water for any purpose. [Water Code §§ 49.052(f) and 49.181(h)(1)(D)]

E – Potential directors must be a resident of the state and own land subject to taxation in the district OR be a qualified voter in the district. [Water Code § 51.072]

F – Potential supervisors must either be a resident of this state, the owner of taxable property in the district, AND at least 18 years of age OR be a registered voter in the district. [Water Code § 53.063]

G – Potential directors must reside in the state AND either own land subject to taxation in the district OR be a qualified voter within the district. [Water Code § 54.102]

H - To be qualified for election as a director, a person must be a resident of the state, own land subject to taxation in the district, AND be at least 18 years of age at the time of the election. [Water Code § 55.102]

I – To be eligible for election, director candidates must own land subject to taxation in the district AND be a qualified voter of the precinct in the district established by the commissioners court under Section 57.058 from which the director is elected. [Water Code § 57.059]

J – Potential directors must be a resident of the state, be the owner of record of fee simple title to land in the district, be at least 18 years of age, AND owe no delinquent taxes or assessments to the district. [Water Code § 58.072]

K – Initial board members are appointed by the County Commissioners Court. Thereafter, the County Commissioners Court or the Navigation Board may decide whether the district should have an appointed or elected board. Potential commissioners must be a resident of the proposed navigation district AND shall be an elector of the county. [Water Code §§ 62.062, 62.0631, and 62.064]

L – The district has a provision that allows for the temporary appointment of directors and the directors are thereafter elected. Potential commissioners must be a resident of the district, a freehold property taxpayer, AND a qualified elector of the county. [Water Code § 63.082]

M – Potential directors must be a resident of the state AND either own land subject to taxation in the district OR be a user of the facilities of the district OR be a qualified voter of the district. [Water Code § 65.102]

N - To serve as a director, a person must be at least 18 years old, a qualified voter, AND a resident of the district. [Water Code § 66.102]