Untitled Texas Attorney General Opinion ( 1958 )

March 21, 1958 Honorable L. F. Benson, Criminal District Attorney, Galveston County Courthouse, Galveston, Texas Opinion No. WW-395. Re: Does the existence of an inactive Junior College District, comprising only a portion of a county, . preclude the establishment and operation ofa Junior College District embracing the entire county under Article 2815h, Vernon's Annotated Civil Statutes, Dear Mr. Benson: and related questions. In your letter of March 7, 1958, you request our opinion on two questions which are substantially as follows: (1) Does the existence of the inactive Galveston Junior College District, which is established within the boundaries of the City of Galveston and the Galveston Independent School District (comprising only a portion of Galveston Island) prevent the establishment and operation of the Galveston County Junior College District, which embraces the entire County of Galveston, as provided by Article 2815h, Vernon's Annotated Civil Statutes? (2) If so, what, if any, is the legal process for dissolving the present Galveston Junior College District? You state that the Galvestop Junior College District was established pursuant to an election held on November 2, 1935, but the maintenance tax proposal was defeated in the election of June 27, 1936. Therefore, such district has never established or operated a junior college, and we assume that there has been no other activity conducted by such district. Honorable L. F. Benson, Page 2 (l'W%%). You further state that on March 3, 1958, the State Board of Education approved the Galveston County Junior College District, which is co-extensive with the boundaries of Galves- ton County, and which embraces the territory of'the inactive Galveston Junior College District. Article 2815h, Vernon's Annotated Civil Statutes, devolves upon the State Board of Education the duty of deter- mining the need for a junior college in a particular area (Section 1); that such college serves the public'convenience and necessity (Section la); and the feasibility and desirability of establishing such a college (Section 3; and In numerous other section of such Article). Since there is now no existing, active, operating, actual junior college conducted by the Galveston Junior College District, in our opinion, the approval by the State Board of Education of the Galveston County Junior College District, which proposes to place Into operation an actual operating junior college, was a proper exercise of the discretion of the State Board. The Legislative scheme, revealed in Article 2815h, Vernon's Annotated Civil Statutes, envisions the crea- tion and operation of a junior college which, in fact, supplies a public need by complying with Section 12 of suoh Article: "A Junior College as here considered must consist of the Freshman and 'Sophomorecollege work taught either separately or in conjunction with the Junior and Senior years of the High school, and the course of study must be submitted and approved by the State Department of Education before It may be offered." In our opinion, the Legislature did not intend that a present public need go unsatisfied because the electorate then, in the former attempted creation of a junior college in only a portion of the proposed area, was unwilling to levy a tax to meet the need as it may have existed some twenty-three years ago. We are of the opinion that the controlling question as to propriety of the creation of the Galveston County Junior College District, encompassing the whole of Galveston County, and the actual operation of a Junior College thereby is governed by the present need, as may be found by the State Board of Edu- cation, and by compliance with the organizational and operational provisions of applicable statutes. ,Furthermore,we are unable to find a prohibition against the boundaries of one junior college district as now proposed,,overlapping the boundaries of such a district as now exists. Honorable L. F. Benson, Page'3 (W-395). Your first question'is answered In the negative. Attorney General's Opinion No. V-1221 (1951) estab- lishes that, absent specific authority and statutory procedure to effect a dissolution of an existing junior college district, there is no authority or procedure prescribed for, or to effect such dissolution. Article,2815q, authorlzing.the dissolution of union junior college districts, in the manner provided by Article 2767, Vernon%! Annotated Civil Statutes, would not apply to the Galveston Junior College District,,as is shown by the above cited Attorney General's Opinion. Therefore, in answer to your second question, In our opinion, there is no present legal process for dissolving the present Galveston Junior College District. SUMMARY The existence of the Inactive Galveston Junior College District, established within a portion of Galveston County, would not ,prevent the establishment and operation of the Galveston County Junior College District embracing the entire county of Galveston, as provided by Article Honorable L. F. Benson, Page,4 (WW-3%). 2815h, Vernon's Annotated Civil Statutes; and the existing inactive Galveston Junior College District may not be abolished under existing law. Very truly yours, WILL WILSON Attorney General of,Texas By c$%L& Tom I. McFarling Assistant TIM:pf APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman J. Arthur Sandlin L. P. Lollar Fred Werkenthin B. H. Timtnlns,Jr. REVIEWED FOR THE ATTORNEY GENERAL By: W. V. Geppert.