State v. Millsap

KEITH, Justice.

Defendants below appeal from an adverse declaratory judgment rendered after a bench trial wherein plaintiff sought and procured a determination that he was eligible to serve as a member of the State Commission for the Blind.

Plaintiff was appointed to the Commission in 1976, and his appointment was duly confirmed by the Senate of Texas. During 1979, his eligibility to serve upon the Commission was challenged and he sought a declaration construing the applicable statute under the provisions of the Declaratory Judgments Act. Tex.Rev.Civ.Stat.Ann. art. 2524-1 (1965). At the time of…