Untitled Texas Attorney General Opinion ( 1947 )


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  •                                                   R-375
    Hon. Jack C, Altaras        Opinion No. V-171
    County Attorney
    Johnson County              JM:    Canvassing of election
    Cleburne, Texas                   'returns of trustee el-
    e&ion in the rural
    high school districts.
    Dear 9ir:       .      \
    We refer to your letter of recent date ac-
    knowledged by the AttQrney General on April 16, 1947,
    wherein you request an opinion of this office on the
    following submitted subject matter and question:
    Several common school districts
    were grouped is accordanc6 with Article
    2922a, V.C.S., with one iddependent
    school district, and now'18 known as a
    rural high soheel district. This high
    school district has less than 500 sehol-
    astics, and remains under the supervis-~
    ion of the County School Superintendent.
    Query: What body should canvass
    the returns and declare the results of
    elsctlsnr  for trustees of a rural high
    school district.
    We,assume, for purposes ,of this opinion,
    that the rural high school district in question was
    legally created under provisions of statutes, Articles
    2922a and 29220, V.C.S., governing the establishment
    and creation of rural high school d%stricts.
    .Under'the,prorisions~of~hrtic~e 2922b,V.C.S.,
    a rural high school district is olassified as a common
    school district. Further, a rural high school district
    has been so considered and treated as a common school
    district in the cause styled, Mt. View Common SchoolDis-
    trict vs. Blanc0 County Board, etc., 149 S.W. (2) 224,
    writ dismissed.
    Article 2774a, Section 4, V.C.S., provides
    Bon, Jack C. Altaras - Page 2 (V-171)
    that the control and management of the schools of a
    rural high school district shall be ves,uedin a Board
    of seven trustees, eleoted by'the qualified voters of
    the district at large, who shall be elected and serve
    in accordance with the provisions of the general law
    relative to common school districta, exoept as other-
    wise provided.
    Thus, the election:procedure to be follow-
    ed in the eleotlon of rural high school district trua-
    tees, is controlled by the laws governing the eleotion
    of common school district trustees. In Opinion No.
    O-4446, a copy of which is attached hereto, this De-
    partment advised that the Commissioners Court should
    canvass the returns of trustee eleotlons of oomon
    school districts in acoordanee with provisions of Ar-
    ticle 2746a, V.C.S.
    Accordingly, it is the opinion of this of-
    fice that the Commissioners' Court should oanvass the
    returns and deolare the rearultsOf eleotions for t,rus-
    tees of rural high school dirtricts.
    The Commissioners' Court should can-
    vass the returns of trustee eleotions in
    rural high school distriots in aooordanoe
    with the provisions of Article 2746a, V.C.S.
    Very truly yours
    ATTOREEYGEEERAL   OFTEXAS
    Chester E. Ollison
    CEO:djm:wb                     Assistant
    Enclosure
    ATTORNEY GENERAL OF TEXAS
    

Document Info

Docket Number: V-171

Judges: Price Daniel

Filed Date: 7/2/1947

Precedential Status: Precedential

Modified Date: 2/18/2017