BBA (TSBVI) – Board Members: Appointments/Qualifications

APPOINTMENT

The Texas School for the Blind and Visually Impaired is governed by a nine-member board appointed by the Governor and confirmed by the Senate.

Education Code 30.022(a)

Members of the Board serve for terms of six years, with the terms of three members expiring on January 31 of each odd-numbered year.

Education Code 30.022(b)

ELIGIBILITY

To be eligible for appointment to the office of TSBVI board member, a person must:

1. Be a United States citizen.
2. Be 18 years of age or older on the date of appointment.
3. Have not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially incapacitated without the right to vote.
4. Have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities [but see Ineligibility below].
5. Have resided continuously in the state for 12 months immediately preceding the date the appointment is made.

Tex. Const. Art. XVI, Sec. 14

QUALIFIED APPOINTEES

Most of the governor’s appointments require the appointee to be a qualified voter. A “qualified voter” is defined as a person who:

1. Is 18 years of age or older;
2. Is a United States citizen;
3. Has not been adjudged mentally incompetent by a court;
4. Has not been convicted of a felony (fulfillment of sentence and pardon exceptions available);
5. Is a resident of Texas; and
6. Is a registered voter.

Office of the Texas Governor Appointments Office, Appointment Process

APPOINTMENTS OF STATE EMPLOYEES TO BOARDS AND COMMISSIONS

In most cases, state law provides that a state employee may not be appointed to a board or commission. However, there are some boards or commissions which require that a state employee be designated.

SENATE CONFIRMATION

The appointments process for the majority of boards and commissions, by virtue of the procedure prescribed in the Constitution of the State of Texas, requires that the nomination of a person by the Governor be confirmed by the Texas Senate. The Senate considers the confirmation of an appointment when they are in session, which is every odd-numbered year, or when the Governor calls a special session.

RESIDENCY

Residence Defined

“Residence” means domicile, one’s home and fixed place of habitation to which one intends to return after any temporary absence; one does not lose one’s residence status by leaving to go to another place for temporary purposes only. A person does not acquire a residence in a place to which the person has come for temporary purposes only and without the intention of making that place the person’s home. Residence shall be determined in accordance with the common-law rules, as enunciated by the courts of this state. TX Constitution Art 16, Sec. 14

INELIGIBILITY

A person is ineligible to serve as a member of the Board if the person has been convicted of an offense under Penal Code 43.02(b) (regarding prostitution). Education Code 11.066

MEMBERSHIP

The Board shall be composed of:

1. Three members who are blind, or visually impaired, at least one of whom has received educational services related to the blindness, or visual impairment;
2. Three members who are working, or have worked, as professionals in the field of delivering services to persons who are blind, or visually impaired; and
3. Three members, each of whom is the parent of a child who is blind, or visually impaired, and at least one of whom is the parent of a child, who, at the time of the parent’s appointment, is receiving education services related to the blindness, or visual impairment.

Education Code 30.022(a)

STATEMENT OF OFFICER AND OATH OF OFFICE

All appointed and reappointed Trustees shall sign and file with the Secretary of State the required Statement of Officer set out in Board Policy BBA-E in accordance with Texas Constitution Article XVI, Section 1. After the statement has been filed, and before entering upon the duties of the office, the Trustees shall take the Oath of Office set out in Board Policy BBA-E and shall file it with the Secretary of State. Tex. Const. Art. XVI, Sec. 1

Gubernatorial appointees who are appointed during a legislative session may not execute their oath of office until after confirmation by the Senate. Tex. Const. Art. IV, Sec. 12

The oath may be administered and a certificate of the fact given by:

1. A judge, retired judge, or clerk of a municipal court;
2. A judge, retired judge, senior judge, clerk, or commissioner of a court of record;
3. A justice of the peace, or a clerk of a justice court;
4. An associate judge, magistrate, master, referee, or criminal law hearing officer;
5. A notary public;
6. A member of a board or commission created by a law of this state, in a matter pertaining to a duty of the board or commission;
7. The secretary or a former secretary of state;
8. An employee of a personal bond office, or an employee of a county, who is employed to obtain information required to be obtained under oath if the oath is required or authorized by Article 17.04 (personal bond) or by Article 26.04(n) or (o), Code of Criminal Procedure;
9. The lieutenant governor or a former lieutenant governor;
10. The speaker of the house of representatives or a former speaker of the house of representatives;
11. The governor or a former governor;
12. A Texas legislator or retired legislator;
13. The secretary of the senate or the chief clerk of the house of representatives;
14. The attorney general or a former attorney general;
15. A county treasurer.

Gov’t Code 602.002, 602.006

Adopted:         11/9/79

Amended:       1/16/81, 3/9/90, 9/27/90, 3/22/91, 11/13/92, 11/15/96, 9/22/06, 9/29/17, 6/1/18, 8/6/21

Reviewed:       1/24/02, 4/3/09, 11/20/09, 1/31/14