Untitled Texas Attorney General Opinion ( 1946 )

~ORNEY GBINERAL
OF TEXAS
Honorable R. V. Rayford
County Auditor
Rusk County
Renderson, Texas
Dear Sir: Opinion No. o-7187
Re: In a Special Election held to deter-
mine whether or notan Independent
or Common School District shall an-
nex themselves to a Junior College
District, the electton expense-.shall
be borne by whom? Also, who pays
the election expense when two or
more Common or Independent~School
Districts seek to consolidate?
We have your letter of June 19, 1946, requesting our
opinion on the following questions:
"In a Special Election held to determine whether
or not an Independent or Common School District shall
annex themselves to a Junior College District, please
advise me who pays the cost of the Election (Advertis-
ing, SupplIes, Juages and Clerks), the County, the
School Di.strictsand or the Junior College District?
“Also, who pays the cost of Elections when two
or more Cominonor Independent School Districts seek
to consolidate?"
In response to your first question, your attention Is
directed to Section 21 of Article 2815h, Vernon's Annotated
Civil Statutes, which sets out the procedure for annexation of
a District to a Junior College District.
"An Independent School District, or districts,
a comnionschool district or districts, may be annexed
to a Junior College District for Junior College pur-
poses only, by an electton as provided In Section 2
hereof, upon petition of five per cent of the property
tax-paying voters in such district or districts seek-
ing to be annexed, provided further that such annexa-
tion shall have been previously approved ~bg the Board
of Trustees of the Junior College Dlstrlct and provided
Hon. R. V. Ragford, page 2 O-7187
further that election for such annexation shall
be called and the results canvassed and declared
by the County Board of Education or the County
Commissioners' Court of the county, In case there
is no County Board of Education, provided further
that the territory Included in such annexed district
shall thereby assume Its share of any outstanding
bonded indebtedness of the Junior College District,
in proportion to the assessed valuation within the
said district, and shall also become liable for
taxes for maintaining the Junior College."
Section 2, Article 2815h, V.A.C.S., referred to Ln
the above statute, provides the method of petition for electlon.
"When It Is proposed to establish a Junior
College District as above provided, a petition
praying for an election therefor, signed by not
less than five per cent of the qualified tax-
paying voters of the proposed territory shall
be presented to the Board of Education of the
district or city. It shall thereupon become the
duty of the Board so petitioned to pass upon the
legality of the petltion and the genuineness of
the same. It shall then be the duty of the Board
to forward the petition to the State Board of
Education."
Article 2746, V.A.C.S., relates only to elections held
for the purpose of electing trustees. We are unable to find
any authorities authorizing the Commissioners' Court to pay
for elections of this kind out of the general fund of the
County. It is apparent that the Legislature, in passing Art.
2746b, Revised Civil Statutes, enacted in 1935, intended to
cover such expenses from the available maintenance fund be-
longing to the District holding the election.
Article 2746b, V.A.C.S., provides as follows:
"All expenses incurred in connection with or
incidental to any school district election in con-
nection with the public school within such school
district shall be paid out of the available mainten-
ance fund belonging to such dlstrlct for the fiscal
year during which such election is held,,or out of
funds accruing to said district for the next ensuing
fiscal year; provided, however, that the payment of
any such expenses out,of the funds accrued or to
accrue to such school district for the fiscal year
after the year in which such election is held shall
Hon. R. V. Rayford, page 3 o-7187
be authorized by the county superintendent rior t'o
the holding of such election. Acts 1935, 4$th Leg.,
P. 135, ch. 55, 8 3.”
It is, therefore, the opinion of this department that
the expense which was incurred as a result of'the ~electlon
which you mentton should be paid out of the available main-
tenance fund of the respective district holding the election.
In response to your second question as to who pay&the
cost of elections when two or more Common or Independent School
Districts seek,to consolidate, your attention is called to Art.
2806, V.A.C.S., which authorizes elections for consolidation
of certain school districts. .~
Articles 2746, 2746a and 2746b, V.A.C.S., are devbted
to school districtielections and expenses incident thereto.
ArtLcle 2746, supra, states "such expense shall be paid out ~of
the local funds of the school district where the election was
held."
It is the opinion of this department that all election
expenses incurred by school districts must be paid out of the
available maintenance fund belonging to the school district
or districts or the local funds of the school district or
districts where the electlon was held as authorized by said
statute.
Yours very truly,
ATTORNEYGENERAL OF TEXAS
By SD. P. Watts
W. P. Watts,
Assistant.
WPW:rt:wc
APPROVED JULY 5, 1946
a/Carlos C. Ashley
FIRST ASSISTANT
ATTORNEYGENERAL
Approved Opinion Committee By s/GWB Chairman