Untitled Texas Attorney General Opinion ( 1975 )

July 14, 1975
The Honorable M. L. Brockette Opinion No. H- 641
Commissioner of Education
Texas Education Agency Re: Constitutionality of
201 East 11th Street Senate Bill 1110
Austin, Texas 78701 abolishing the office
of county superintendent
in Travis and Gonzales
Dear Dr. Brockette: Counties
You have requested our opinion concerning the constitutionality of
Senate Bill 1110, 64th Leg., which provides:
The office of county superintendent of schools
is abolished in Gonzales and Travis Counties. The
duties of the office shall be performed by the county
judge as ex officio county superintendent.
In Attorney General Opinion H-545 (1975) we indicated that a bill which
would have abolished the office of county school superintendent and the
county board of school trustees in five counties was unconstitutional, The
bill violated article 3, section 56 of the Texas Constitution, which provides
in part:
The Legislature shall not, except as otherwise
provided in this Constitution, pass any local or
special law . D . [rlegulating the affairs of
crxnties. cities, towns, wards or school districts.
In our opinion your question is indistinguishable from that raised in
Attorney General Opinion H-545 and therefore Senate Bill 1110 is clearly
unconstitutional, as a violation of this section. Rim V. State, 288 S.W.2d 77
(Tex. Cri,m. 1955); Heflin V. Wilson, 297 S.W.2d 864 (Tex. Civ.App. --Beaumont
1956, no writ): Attorney General Opinions H-52 (1973). M-1237 (1972), M-1200
(1972), M-935 (1971), M-745 (1970).
p. 2823
The Honorable M. L. Brockette, page 2 (H-641)
SUMMARY
Senate Bill 1110 is unconstitutional as a local
or special law.
Very truly yours,
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2824