Untitled Texas Attorney General Opinion ( 1948 )

Hon. L. A, Woods opinion lo. 'Y-&j0
state Superintendent
Department of Education Be: Consolidation o?
Austin, Texas Springlake Park Corn-
man Sohool District
Ho. 19, and Texarkana
Independent School
Dlstriat, both.ia
Bowie County, and re-
lated questions.
' Dear str:
We refer to your recent request from which we
/:: qllote In part:
.
"'lb Board of Trustees of Texarkana ;
Inde ndent School District iri Bow&e Coun- "
ty, &as desires an offfcial’ruliag on
the legal'quest&ons herein propounded.
?l!he facts: The Texarkana Independent
8ohobl District was created by special bet
,.of the Legislature of the State of T-as by
Senate BI11"lio. 9, Third Called Session of
the 36th Legislature. The Texarkans Inde-
pendent School.Dlstrict, aubse@&nt to the
above act of the Legislature, has e.%iet&d
and is now In legal existentie and discharg-
ing appropriate functions through its Board
of Trustees.
"The Texarkana Independent School Dia-
trlct, by appropriate and legal action, has
added some territory to the area originally ', :
incorporated in said district.
"During the year 1927 the Board of
Trustees of the Texarkana Independent School
District, through legal and appropriate ac-
tion, established ths Texarkana Junior Col-
lege nlthin the boundaries of the Texarkana
Independent School District, and at . all tlmee
.
.I&& L. A, Woods, page 2 (V-650)
subsequent thereto the Texarkana Indepen-
dent School District has operated and main-
tained and there has functioned an accredft-
ed and approved junlo~ colleges within the
Texarkana Independent School District, the
said college being under the superqlslon,
direction and control of the Board of True-
tees of the Texarkana Independent School
District.
“The qualified property tax paying vot-
em of the Texapkana Independent School Dls-
tplct have voted a special tax fop the sup-
art and maintenance of the Texarkana Junior
Eollsge 9
“Springlake Park CommonSchool Dlstr&t
No. 19 in Bowie County, Texas, adjoins and
has a common boundary line with the Texar-
kana Independent School District for approx-
,imatelg one-half of the bouudary line of eaid.
Goamon School Distpic%., Said CommonSchool
Dfstrict was created and the bowwlarlea there-
of legally fixed py an ordep of the, Colris-
sionepsO Court of Bow10 County; Texas, during
the year 1915, and said Dlatrict has functlon-
ed as a CommonSchool District at all times
subsequent thereto.
"Many interested oitizens living with%; *
S ringlake Part CommonSchool District NO,
18 in Bowie County, Texas, desire said Coa-
man School Dlstriot to be annexed to and be-
oome a rt of %he Texarkana Indegendent
School f?istrlot and Texarkana Junlo~ Col-
le e Dl8tpQt and the QUi?pOSe of this in-.
quf ry Is to determine how said consolidation
may be legally effected and therefore’the
followlag questions: j’.
.
*1. Can the Sprl lake Park Gomrmn
School Mstpiot Eio. 197 P Bowfe County, Toxae, ‘i ,.
be legally consolidated to and w%th the Tu-
arkana Independent Sohool Diatrict and Tex-
arka~ JUANP Golle o Metrlat In the yII11)
gpovided for la Art f cle 28G6. VernonDI &me-
tatod Stat.uteap Pocket Pasta; Acts 1 5, 49th
k@lslrturs, ?age 4&6, Chapter 264# Protlon
at
.,
#a#, it A. WOoda, page 3 (V-650)
“2, If the above section of the stat-
UtOe is held to apply only to thr Indepen-
dent School dlstrlot aa~dIstinguIshed froa
the Jnniar College District, then In suoh
event can the Springlake PaFk CommonSohbol
Dlatrict Ho, 19 in Bowie County, Texas, be
&nnexed,to,the Texarkana Junior Golle e Dis-
trlat, aa ptiovided’ln Article 281533, f eotlon
21, voraon’s Annotated Statutes? ‘).
, ,~
“3. In the event either OF.both~ of
Questions Numbered I. and 2 a r elaswered la
the affiamative, then in auoh event can all
.
taxes voted by the people in the Texarkana
Independent School DlatH.et, including the
Junior Colle e District, be extended over
the area of f3ommon School .D%strlct lo. 19?
“4, If Questions 1 or .2 is. answered
In the affirmative and Question 3 Is answer-
ed in the negative, then In such event are
the voters of Springlake Pank CommonSchool
District No.~ 19 required to vote to assume
b&t taxes legally levied for the .support~ of
the Texarkana Independent School District
sad Junior College District before said taxes
can,% levied upon the property in said com-
mon school district,
“5. There.has heretofore legally been
voted by the voters of the present Texarkana
Junior College District boaas f’or the pur-
chase of a site and erection of a building
for the Junior College. Assuming the future
legal aonsolida@on of the Texarkana bide-
ndent School District and the Texarkana
e District; and the Springlake
Park Common chool District N 19, will the,
Trustees of the (Consolidated 7’Junior College
&strict be authorized to spend such bond
funds for the purchase of a site and the
ereotion of a building inthe area now wlth-
%n CommonSohool District Ho. 19, but out-
aide the present boundaries of the Texarkana
Zhd$ptmdent Sohool District and Texarkana
.Sunlor College District?
“In this connection, you are advised
that the Trustees of the Texarkana Indepen-
HOG. L. A. Woods, page 4 (V-650)
dent School District have control of and
supervision of the Texarkana Junior Col-
lege and bonds have been legally voted
and will be sold for the purchase of a
site and the erection of a new junior col-
lege building. The Trustees of the Tex-
arkana Independent School District and
Junior College District, after diligent
search, have been unable to find suitable
grounds within the boundaries of aaid In-
dependent School District and College Dis-
trict upon vhich to erect the junior college
building, but many admirable rites are avail-
able in Cwanon School District Ho. 19 (which
la adjacent to the Texarkana Independent
S&o01 District and convenient for students)."
The Texarkana Independent School District IS a
41stlnct oorporate entity apart from the municipal cor-
oration constituting the city of Texarkana. Chapter 31,
i!c B. 9, 3rd C. s., 36th Legislature, Acts 1920.
Section l-a, Chapter 49, S, B. 297, Special
Laws, 1st C. S., 39th Leg., Acts 1926, provides a proce-
dure for the annexation of territory to the Texarkana
Indepenclent School District, 8ee Oplnlon O-3823 attach-
ed hereto wherein Section l-a IS copied in part.
KoweveP, Section 19 of S. B. 297 vests In the
sruetees of the Texarkana Independent School Dlstriot
811 the rights, powers and privileges and duties con-
ferred and imposed by the General Lawa oi this State, now
in force, OP that may be hePaaSter effacted, upon the trus-
tees OS independent school districts and provides fur-
ther that '"the boundaPies of said distplct may be extond-
ed by the annexation OS oontiguoua terrltogy in the man-
ner authorized and prescpibed in this Aot.
Article 2806, as amended, Is a general law
authoPizing and setting out the procedure SOP the oon-
solidation of school distziote in this State and is
available to independent as well aL8common school dls-
tricts, It provides that "Where one or mope indepen-
dent school distpicts are consolidated together or with
one or more common school districts the consolidated dis-
trict shall constitute an independent school district,
and shall have all the rights, powers and provilsges
granted to Andependent sohool distriots by the laws of
this State. Article 2806 does not provide that when
. .
L. A. Woods, page
Ifon, 5 (V-650)
.
&8x independent school district is consolidated with other
districts under the procedure therein set out that the
new district thereby created shall have all the rights,
privileges and powers granted to junior college districts
of this State,
Clearly, Springlake District llrf be annexed to
the Texarkana District under the proordwa w.Wmrlxed in
the Speaial Act governing the Texarkana dlatrlot~or it
aar be consolidated with Texarkana Diatrlot w&r the
provisions oi Article 2806, as amended. Dut under either
procedure, the new district with boundarlee extended is
enlarged only for independent school district pur)oses.
We find no provision in the S eclal Laws creati tha
Texarkana Independent School g letrict nor in Art7 o&o,
2806, vhioh provides that whenever the bouadurlea or
lialte of an independrnt sohool dietriot ara 110 extend-
ld that tho territory or dlatriot 80 curtbdlod WIthin the
linite of the Independent school dietriot eW% l&erei
8fter beaome & part of the
lt aontrols
Seotion 21 OS Article 281% provides in part8 ~
a
* tl 0 A common sohool diatrlo
my be annexed to a Junior Co&&#@@A it&it
for SunSor College purporra 0Ug W U
eleotloa aa provided in Seotion % Wmof,
ahba vbtttioaa of tlve par cent of tha po-
gqpt;l tu-pying voters in such dlstlrlat
aa&Mg to be annexed, vrovldbd fw-
ih;f’tbat rush emnrxation shall h8ow beoa
pp#rlxrwl~ a rov8d by the Bo8rU o? hue
teea oi #a spunior College Distriot aM pro-
vldqd iwther that election for suoh anxwxw
tloa rMZ1 be orllrd and the rrsuItr om-
lrr& m& d@olwed by the County tid oi
ifiL3alon a ‘I 0 provided further thcrt the
uded in such annexed ditMiOt .
e of
of tl¶
on to
d diatx'i.Ot,
rad also shall become flab10 fat tuos fos
~ti@Lnlng the Junior cOllb(;b.
&a, L. A. &ala, page 6 (v-650)
Acoo~tlihgly, the Texarkana Indb wlbnt Sohool
Distriat, acting under Section l-a of S. r . 297, supra,
may annex Springlake ,?ark CommonSohool District for
independent school diatriat purpoqer, or it ma eOnEmU-
date with said distriot acting under &tiale 28 06, hs
mended, for independent school di8triCt purposes. In
&Mition thereto, or deaiding not to takb in Spriaglaks
Dilrtriot for Independent aahool biytrlat po8et3, it
my, aating under Section 21 of ~tlalb 2 IF19, ahnex
g@ringlake Park district for junior aoltegb PUrpOSbS only.
Seatlon l-b of Senate Bill 297, supra, auth-
arl~a the Board of Trustees of Texarlpma Imlopendont
Soboot Distriot, whenever any t&r&tory la annexa there-
to, to,order nn electlon for the l0 of dete*iag
vhethor tubs for the support u&lZE tmaaoe of its Qtlb-
lie fmo.rohoola and alao for the purpose of r~dmBiag
OF p8ying the of the Texarkana Iade~bddbat
S@mol~ Dl6tri vied aha oolleated ahau4lly
on Jl tbxablb ppopertg within thellmitEi and boundaries
o? uid dietrlot as extended by remon of the annexation
of any such territory.
The Attorney Oenerbl hab prbvloosly &dvisbd
hi opin~olr HO, v-375 th d l nmy 00n60iidwd s~h 00i
diatrlot orated uuder proaadure of Artiole 2806 has no
authority to levy a loos1 malntenanoe tax until such has
. bean voted by the newly cro4ted distriot. See also Sea-
tioa 4 OS Article 2784e, a8 ~aded;ud Section 3, of
Artiole VII, Conetitutioh of Texa8, whioh requires a
rjalty of the quallflul proqterty kxp8ylag votars of
l dlrtriot voting at an election held far, the vurpobb of
voting 8 rlntenance tax beforo the emme may be levlefl
ml ool~aated within 811 school diStrlot8 heTetofore
imd or hereafter foraabd.
It Sol~lors tbrrt &#Jthe event the Springlake
(Uetrlot 18 taken into tha Tuarkaha district under Seo-
tloa 14, 3. 8, 297, a-8, or under &tiole.2806, or
\1pb0r the procedure Sbt Out b SeOtiOn 21 Of &tide
28X5h,ho authority would &%e in t&a Toxarhha Board of
Thmteee to levy an6 0oUiot * rlmtehaaoe tax from the
enlarged distriat for any pm@re Ontil the Barn@had
been authorized by votb Of t& pPoperty'taxpaying VOt-
~2: thb diatxmt u w or uteaaed at thb tiam
oposba omsolldrtlQe OF aaabxation for laabp6a-
d@at ~aF001 dl6trlOt urposea. If there are OUtatUdln(r
baads 06 either dirtr, Pat than at an election there may
be mb8Wt.6 to th. gPrl;iilbd tsrqpsying voters of ,auoh
.
~,, -
:
.
%h L. A. Woods, page 7 (V-650) :’
aev district the question a8 to whether the aaid new
district as enlarged or extended shall assume and pay 9
Off said outstanding bonds and whethsr a tax shall be
14vi4d therefor. Section la and l-b, S. B. 249, supra;
Article 2807, Article 27862,; AA. Opinion No. O-4511.
Until suoh obligations are assunzed by proper proceed-
%nga, they remain the obligations of the territory in the
respective districts. Opinion V-375.
In the event the Sprlnglake Park district is
annexed to the Texarkana District for unlor college
purposes under Section 21 of Article 2d15b, a proviso
th4rein requires that the territory included in such
annexed district shall thereby assume its share of out-
standing bonded indebtedness of the junior collage dx
1t i t1 t tne assessed valuation within
t~ec&dnd%%,o~ndoshall also become liable for
taxes for maintaining the junior college. We interpret
this to mean that unless the territory desiring to be
annexed to the junior colleg4 dlatrlct for junior col-
lego purposes at the election to be held under Section
2 of Article 281511 votes to aabuPs Its proportiotite
part of said outstanding bonded debt of the junior col-
Leg4 district and to become liable for taxes for main-.
talning the junior college, the sane will not become a
part of the junior college district.
Our answ4r to your fourth question being to
the effdct that the qualified taxpaying voters of Spring-
lake Park district are required to vote b4fore a tax may
be levied and collect4d. on the, taxable~property within, .
ite territory for the T4xarkana Independent Sohool Die-
trlct and Junior Collegs District purposes, it follows
iha”, the answer to your third question is in the nega-
.
We have underscore4 herein the words “oat-
standing bont)ed indebtsdn$sa ,found in Section 21, Art- .’
1010 2815h, boaded debts in sections l-a and l-b of
8. 1. e&g suppa, and “outstanding bonds” appearing in , z
&tiol4 2607. Any bonds voted,but which have not beea
Issued and sold do not constitute bonded indebtedness.
Under the faata herein submitted we ape ad-
vised that bonds ,$nd tax pa ents heve been legally vot-
ed by the Texarkana Junior Folleg4 District for the plIr-
chase or a site and tha erictlon of a new junior collage
building. The bond reaord previously approved by 'this
offiae indicates that the bond election was authoric4d
Hon. L. A. Woods, page 8 (v-650)
ax& held in accordance with AFtiole 2815&-3b.
Seotion 1 of Artiole 2815h-3b prorldw, %a
P-t:
"
the overning Boards of all pub-
l;c”J&lo~ flalleges organised, created
and established under the laws of Texas,
in any manner, shall have power to SSsu4
bonds for the construction and 4quip8ent
or school buildinga and the aOqUiOitiOa
of sites therefor, and to provlds for the
interest and sinking fund for such bond8
by levying of such taxes as will be net-
easary in this connection, subject to the
limitations hereafter imposed. Suah gov-
erning boards shall also have power to
levy end collect taxea r0r the rupport and
maintenance or such Juntor Oolleges, pro-
vided that no bonda shall be iasoed and
no taxes collected until authoriud by
vote or the majority or the qualiried vot-
ict w
. . .
This ofrice, in Opi*on O-4573, has previoua-
ly and properly advised that by virtue of th4 provirlona
Or S4ction 6 or Article 2815h, a junlar college Boar4 is
without authority to purchbse e site fop a~jWiloP ool-
lege building outside the junior college diatPlct. w4
think Section 1 of' Artiole 2815h-3b is addItIona r&la-
ority ror such opinion.
Furthermore, at the time of the junior college
bond election, Springlake Park district constituted no
part or the Texarkana Junior College District, nor does
It at this date. Thus~the bonds and tax in qneation~ w4~e
authorieed.by vote or the majority of qualified voters of
the Texarkana Junior College District aB it then exuded,
It must be presumed the voters intended and believed thOy
were voting for the puPchase of a site and the election
of a junior college building in the junior college dis-
trict as it then 4xist4d ,# for there wat3 no authority In
the herd to build It elaewh4Pe. It is elementary ~that
bonds may be Issued, sold and used only for the purpose
for which they were authorized, Fletcher v. HowaPd, 39
8.V. (26) 32, The bonds in question ~4~4 euthorirsd to
bo i#8ued, sold and used for the PuPchase of a site and
M, L, A. Wood*, page 9 (V-~650)
donstruotion of a junior college building in the T#Xar*
kana Junior College District as it existed at the t&u
the election was held authorizing 8ame. To hold atIM+
wiee would not only do violence to Seation 6 of k4lcl.o
2$15h and Section 1 of Article 2815h-Tb, but also thwart
the will of the qualified voters of Texarkana Junior Col-
Iege District as exercised in the junior college bond
&#ctltm held in accordance with Article 281!jh-3be
The Texarkana Independent School
District, acting under Section l-e of S: 8. (’
;g& S clal Laws, 1st C,S,, 36th Leglalr:
51”
cts 1920, may annex Springlake Park
Co&n School District, or It may oonsoli-~
data with said district under Article 2806,
V, C, S. for Independent school distrlat
parpores. In addition, it may annex.the dirj-
trict for juetor college urposes in aaoor-
&me with Section 21 of &fcle~ 28X%, V.
c. 8,
In the event the Texarkana Dir-
Wiat trkes the contiguous dlstriot #m4W
dthw of the said statutor proCeQww#,
it would be without authori %y to levy urn8
collect taxes for the annexed dietriOt -0
til same had been authoPl%sd by m oleot,Lea ~:
rtlolpated in by the qtdirisd voters 0r
ITie newly embraced territory. ht. VII,
Sec. 3, Coast. of Tex,; A.Q. Opinion V-375.
Fund collected from the sale Of
bonds authorized by the qualified votere
of Texarkana Junior College District b 4a
election held in accordance with Artio I e
2815h-3b, V.C.S,, may not be used ror the. ,I’
urohe44 of’ e cite and-the sreotioa Of a
s wilhr bollege outside the’ limltr or bound-
mles 62’the junlm college dlstrlot lB
they 4xist at, tha t&u o$
:’