Untitled Texas Attorney General Opinion ( 1958 )

.
June 27'. 1958
Mr. Tom Blackwell Opinion No. WW-469
County Attorney
Travis County Re: Duty of County Judge
Austin, Texas who has received le-
gally sufficient pe-
tition for school bond
election in a eommn
school district,~ and .,,
prior to his action '
thereon and six days
later receives a second
petition for election
in the same district on
a different amount .of,'
Dear Mr. Blackwell: bonds.
Your request for opinion states:
"FACTSr On May 22, 1958, a peti-
tion signed by the requisite number
of voters in a common school district
was presented to the County Judge re-
questing an election for the issuance
of bonds in the amount of $30,000.00.
On May 26, 1958, and prior to any ac-
tion being taken by the County Judge
a second petition properly signed was
presented to the County Judge request-
ing an election for the issuance of
bonds in the amount of $lE,OOO.OO in
the same commn school district.
"QUESTION: Under the provisions of
Article 2785 of the Texas Revised Civil
Statutes as amended, what action should
the County Judge take."
Mr. Tom Blackwell, page #2 (WW-469)
We interpret your request to mean (ana we proceed
on this assumption) that a legally sufficient petition was
duly presented to =a accepted by the County Judge on May
22, 1958.
We answer your inquiry as follows: Your County
Judge should, within a reasonable time, call the election ,,
requested in the first petition which was presented to him
on May 22, 1958. :
His jurisdiction and responsibility to act on this
first petition attached at the moment it was presented to
and accepted by him. A reasonable time is properly allowed
for his investigation and determination as to the complete
legal sufficiency of the petition before an election is
called.
The right of the people to vote on the propositions
contained in the first petition having been first lawfully
invoked, may not be interfered with nor defeated by``the,fil-
ing of the second petition. Article 2785: Wichita Common
School Dist. No. 11 et al. v. Dickens Independents School
Dist. of Dickens County et al., 206 S.WQ. 2a 885 (CiV.App.
1947, error ref.): Garrett, County Judge, et al. v. Unity
Common School Dist. et al., 211 S.W.2d 238 (Civ.App. 1948,
error ref. n.r.e.).
SUMMARY
A County Judge who receives a
legally sufficient petition forschool
bond election in a connoon school dis-
trict and who prior to his action
thereon and six days later receives
a second petition for election in the
same district on a different,amount
of bonds, should within a reasonable
,’ -
Mr. Tom Blackwell, page #3 (Ww-469) *
time call the election requested
in the first petition.
Very truly yours,
WILL WILSON
Attorney General of Texas
W. E. Allen
Assistant
WEA-s
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
L. P. Lollar
J. Arthur sanalin
Leonard Passmore
REVIEWED FOR THE ATTORNEY GENERAL
By: W. V. Geppert