Untitled Texas Attorney General Opinion ( 1961 )

THEAYJTORNEY GENERAL
OF XAS
No,vember3, 1961
IionorableJ. W. Edgar Opinion No. iJW- 1185
Commissioner of Education
Texas Education Agency Re: Whether the boundaries
Austin, Texas and jurisdiction of a
military reservation
independent school
district, created pur-
suant to Article 275613
of Vernon's Civil
Statutes with boundaries
co-extensive with the
boundaries of the reser-
vation automatically
extend to include area
or acreage that later
becomes a part of or is
added to the reservation
Dear Dr. Edgar: under the circumstances.
Your request for opinion informs us that
Lackland Independent School District is the recognized
military base or reservation independent school district
serving Lackland Air Force Base, and that its authoriza-
tion provides that "the boundaries to be co-extensive
with boundaries of Lackland Air Force Base."
We note that only a mile from Lackland Air
yorce Base lies the Medina base, another federal
reservation, located partly within the Northside Inde-
nendent School District of Bexar County. Request for
this opinion arose from the recent transfer by the
Tedera Government of two-hundred and thirty-five (235)
acres of the Medina base section of the Northside
District to Lackland Air Force Base, the new tract to
be known as Lackland Base Annex and is to be used by
Lackland for all purposes. Further facts are that the
District has authorized bonds for construction,
Ilort'hside
only some of which, however, have been issued.
Your specific questions are as follows:
"1. Do the boundaries and juris-
diction of a military reservation
indenendent school district created
Bonorable J. ?I.Edgar, page 2 (W-1185)
pursuant to Artfcle 2756b with bound-
aries co-extensive with the boundaries
of the reservation automatically extend
to Include area or acreage that later
becomes a part of or is added to the
reservation in the circumstances
outlined.
“2. IJillthe issuance of school
district bonds voted but unissued be
prohibited should military reserva-
tion area within the district auto-
matically become included within the
boundaries and jurisdiction of a
military reservation independent
school district originally created
pursuant to Article 2756’0.”
Article 275613of Vernon’s Civil Statutes
-yi-ovides in part as foliovJs:
“Section 1. That the State Board
o; Education is ‘herebyauthorized and
empowered to establish independent
school districts upon any military
reservations located with-i.n the State
of Texas, upon such terms and condi-
tions as may be agreed upon by the
State Board of E&cation and the mili-
tszy authorities; and such districts
may be entitled to enumerate its scho-
iantics, to share in the State .per
capita apportionment, and suc‘hother
orivileges as are noa granted. to
ind.ependentand common school districts.
“Provided, that the children who
are entitled to attend the schools
thus established, shall be those of
the officers, warTant of;‘j.cers,
soldiers
and civilian employees resid,ingor
employed ‘uponsuch reservations.
. .
Honorable J. W. Edgar, page 3 (WW-1185)
under such regulations as the Board
of Education may determine. Provided
further, that the Board of.Trustees
of such district shall have the
authority to transfer to any other
independent or common school district
maintaining adequate facilities and
standards for elementary, junior or
senior high schools, as set up by
the State Department of Education and
Southern Association, any school
children who can not be provided for
by the district of their residence."
We are of the opinion that there has been no
change In the boundaries of the Northside and Lackland
School Districts. The ownership of land does not affect
the boundaries of a school district, Normdid the transfer
by the Federal Government of land from one military
reservation to another change the boundaries of the
schoolsdistricts Involved. The scholastics residing
on the Lackland Annex portion of the Northside District
are residents of that District. Central Education
Agency v. Independent School District-of El Paso, 152)
Tex. 56, 254 S.W.2d 357, 359 (1953).
Our holding makes it unnecessary to consider
your second question.
SUMMARY
The boundaries and jurisdiction of
a military reservation independent
school district created pursuant
to Article 2756b of Vernon's Civil
Statutes with boundaries co-extensive
with the boundaries of the reserva-
tion do not automatically extend to
include area or acreage which is a
part of another independent school
dlstrlct when that area later
becomes a part of the military reser-
vation.
Honorable J. W. Edgar, page 4 (W;l-ii85)
Yours very truly,
WILL WILSON
Attorney General of Texas
FDW:lgh BY
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Wm.~'
E. Allen
W. Ray Scruggs
Marvin Sentell
REVIZ~JEDFOR THE ATTOPNEY GENERAL
BY: Houghton Brownlee, Jr.