Untitled Texas Attorney General Opinion ( 1950 )

NE A
AUSTIN. TEXAS
April 6, 1950
Ron. Carl Hiller opinion NO. v-1036
Criminal Dlstriot Attorneys
Rookwall,Texas Re: Consolidationof a
rural htgh sohool dls-
triot yfth contiguous
oommon saliobldis-
tricts under S.B.230,
Dear Sir: Acts !jlstLeg:, 1949.
We refer to your reosnt letters wherelllyou
state that Royse City IndependentSo!ool Diatriot
__ was
organbed end formed by groupings ana annexatloneunaer
Title 49, Chapter 19A, Ratised Civil Statutes, 1925, as
amended, pelrtainingto rural high aohool dlstpiots, and
that Ft Is a county-linedistrlat with its temitorg ly-
ing within Rockwell,Hunt and Collln Counties. The dis-
trict desires to oonsolidatewith two cont~guow common
sohool districts 1yFng within Hunt County, and it has
been suggested that the dlstrlct aooomplishthe consol-
idation under Seaate Bill 230, Acts 51st Leg., R.S.,
1949, oh. 573, ~1.1118.
You request an opinion on the following ques-
tions relative thereto:
Does'SectZm 1 of S. ?3.230 (AZ%.
2815-i. Sec. 1 V.C.S.) authorizeoonsolida-
tlon oi Royse 6lty IndependentSchool Dis-
trict with contiguous oommon school diitricts
In the manner provided in Artiole 28061
2. Under Seation 1 of 5. B. 230, would
such Royse City dlatrlct be treated as one
district SOP voting purposes in such a oon-
solidatloneleatlon; that is, would a major-
ity of the votes cast in the entire Royse
City dlstriot control on the question of Its
deaision to oonsolidate?
3. Under Sectlou 4 OP S. B. 230 (Art.
2815-2, Sec. 4, V.C.S.) would the new district
resulting from such a consolidationenjoy full
status as an independentschool district not
Bon. Carl Miller, page 2 (~-1036)
comprised of several existing elementary dis-
tFiats?
Senate Bill 230, Aats 51st Leg., B.S. 1949, ah.
573, p. 11.18(Art. 2815-2, V.C .S.) provides in part as
follows:
"Sec. 1. Rural high sohool distriots
(whether formed by grouping or by annexation),
oommon sohool districts,oommon county line
school districts, independentsohool distrlots,
and county line independentsohool districts,
including elementary districts which, without
a separate majority vote therein, were annexed
to or grouped with other districts under Chap-
ter 59, Acts of the 39th Legislature,as amend-
ed, relating to rural hlghsohool districts,
may be oonsolldated'in the manner provided by
Artiole 2806, Revised Civil Statutes, as amend-
ed; provided, however, that no such,elementary
dlstriot may be consolidatedunder this Act
with any other district if, at the time of pre-
senting a petition for the consolidationeleo-
Won, the district with whioh it was attached
or grouped has bonds aotually outstandingwhich
were voted and issued after It was so annexed
or grouped. Provided further, that each such
rural high school district lnaluded in suoh
consolidationshall be considered as one dis-
trict for voting purposes in such consolidation
election. 'Ihepropositionto be submittea at
the oonsolldatlonmay specify the naz@ of the
dlstriot, and swh name need not contain the
word '0ensolidatedt.
"Sea. 2. IS a majority of the votes
cast in eaoh distriot is in Savor or the con-
solidation,they shall be consolidated. . .
"Sea. 4. Any district formed lk~a aon-
solidation under.this Act shall constltnte an
independentsohool district and be governed
w the General Laws applioableto independent
sohool districts, and it may thereafterbe
consolidatedwith any other district or dis-
tricts under the provisions of this AOt."
Senate Bill 230 authorizesthe consolidation
of any existing high school district (organizedor Sorm-
ed by gro~upingsor annexationsunder Chapter 59, Acts of
r
Ron. Carl Miller, page 3 (v-1036)
the 39th Legislature,as amended) with any other aontig-
uous school district or districts in the manner provided
la Article 2806, as amended. Its language is clear and
unambiguous. The provisions OS Chapter 59, Acts of the
39th Legislature, as amended, relative to groupings and
annexationsof sahool districts, are contained in Title
49, Chapter 19A, Revised Civil Statutes, 1925, and as
amended ara codified as Articles 2922a, et seq., in Ver-
non's Civil Statutes.
Prior to the enaotment of Senate Bill 230, the
consolidationof a high school district (organizedby
groupings or annexationsunder Articles 2922a and/or
2922~) with any contiguous common aohool district was
provided for and authorized in Article 2922aa, V.C.S.,
enacted in 1937. The provision In that law requiring
the consolidationelection to be held in conformitywith
Artlole 2806 is retained in Senate Bill 230, but all its
remaining provisions insofar as they oonfliot with this
later law have been superseded thereby.
School dlstricts which oontemplateconsolida-
tion with contiguous school dlstriots under authority of
Senate Bill 230 are referred thereby to the prooedure
supplied in Article 2806, but insofar as proceduralpro-
visions are present In Senate Bill 230 which conl'liot
with those of Article 2806, Senate Bill 230, being the
later law, prevails.
Under the sulxzlttedfacts, Royse City Indepen-
dent School District was formed by groupings and annexa-
tions under Title 49,~Chapter 19A, Revised Civil Statutes,
as amended, pertaining to rtpal high school districta. It
is our opinion that genate Bill 230 authorizesconsolida-
tion of the District with contiguous districts, common or
otherwise,in the manner or procedure provided in Article
2806 and Article 2815-2.
Since the Royse City District is comprised of
territory lying in three counties, RookwalI,Hunt and
Collin, it is a aountg-linedistrict. With respect to
the consolidationof a county-linedistrict,we find in
Article 2806:
'"onthe petition of twenty (20).or a
majority of the legally qualified voters of
r--
each of . . . one OF mope independentschool
districts and one or more common school dis-
tricts constitutingas a whole one continuous
. ,
Ron. Carl Miller, page 4 (V-1036)
territory, raying for the oonsolidatlonof
awh diatritts for school purposes,the con+
ty Judge shall issue an order for an eleution
F;iz held on the same day in each suoh tis-
. The County Judge shall give notZca of
the date of swh elections by publication of
the order in some newspaper published in the
county for at least twenty (20) days pr%or to
the date on which such elections are ordered,
or by posting a notice of swh elections 01
each of the districts, or by both such publi-
cation and posted notice as may be elected by
the County Judge. The Commisslone``Con&
shall at its next meeting, canvass the returns
of swh elections, and IS the votes cast in
each and all districts show a majority in
each distriot voting separately In favor of
such consolidation,the Court shall deo1are
the school district consolidated. Provldsd
that if any swh district or districta are
situated wholly in a county other than the
county or counties embracing any other swh
district or districts the petitions and eleo-
tion orders prescribed in this Act ahall be
addressed to and issued by the respeotlve
County Judges of the respectiveoounties in
which such districts respeotivelylie, each
County Judge ordering the election for the
district or'districts in his county, landthe
CommissionersCourts of swh respeotive coun-
ties shall canvass the returns and declare the
results of the elections in the district or
districts of their respeotlve counties . . .;
provided further, that when it is proIjosedto
onnsolidatecontiguous county-linedlstrfots,
the petitions and election orders presorlbed
in this Act shall be addressed to and issued
by the County Judge of the county hting jur-
lsdiotion over the principal school of each
district and the results of the election shall
be canvassed and declared by the Commlssion-
ers Court of said county.”
The answer to your second question is Sound in
Section 1‘0s Senate Bill 230, which,expresslyprovides
“that each.rural high school district included in such
consolidationshall be considered as one district for
voting purposes in such consolidationelection.” There-
Sore, the majority of the votes cast in the entire Royse
.
Hon. Carl Miller, page 5 (V-1086)
City distriot.would control on the question OS its deei-
sion to consolidate.
When school districts are consolidatedin
conformity with Article 2806, they cm any
independentexistence. On the other hand, when school
districts are grouped or one or more annexed to anoth-
er under authority of Articles 2922a, et seq., to form
a rural high school district, the former districts do
not cease to have an independentexistence. AS to such
districts comprising rural high school districts, it is
provided in Article 2922b that they, whether common OP
independent,shall be referred to as elementary school
distriots. State v. Cadenhead, 129 S.W.2d 743 (Tex.Civ.
App. 1939, error ref.). Furthermore,Section 4 of Sen-
ate Bill 230 itself expressly provides that "any dis-
trict formed by a consolidationunder this Act shall
constitute an independentschool district and be gov-
erned by the General Laws applioableto fndependent
school districts.' The general laws applicable to in-
dependent school diatriats, unlike those applicableto
rural high school districts, contain no provisions rec-
ognizing the existence of elementary districts within
independentschool distriots resulting from oonsolida-
tions. Therefore, any district resulting from a con-
solidationelection authorized and held under Senate
Bill 230 will occupy the status of an independent
school distriot. It will be subject only to the gen-
eral laws applicableto Independentschool aistriots,
as distinguishedfrom those laws applicableto rural
high school districts.
Under Senate Bill 230, Acts 51st Leg.,
B.S. 1949, oh. 573, p.1118 (Art.2815-2,B.C.
S.), any high school district (organizedor
formed by groupings or annexationsunder Art-
icles 2922a, et seq., V.C.S.) may consolidate
with any other contiguous school diatriot or
districts in the manner provided in Article
2806, V.C.S. and Senate Bill 230.
A rural high school district InoIuaed
in a proposed oonsolidationshall be consid-
ered as one distriot SOP voting purposes in
such consolidationelection. 3ec.1, S.B.
230, supra.
Ron. Carl Miller, page 6 (v-1036)
Any district resulting from a consoli-
dation election had in acoordanoewith Senate
Bill 230 will ocoupy the status of an lndepen-
dent school district, subject to general laws
applicableto independentschool districts,
and not to the laws applioableto rural high
school distriots. Sec.4, S.B.230, supra.
Yours very truly,
PRICE DARIRL
APPROVRD: Attorney General
J. C. Davis, Jr.
County Affairs Division
Charles D. Mathews Chester R. Ollison
Rxecutive Assistant Assistant
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