Untitled Texas Attorney General Opinion ( 1948 )

A``T~N~I.TEXA~ L_--. --- -.
I I
Hon. L. A. Woods ODiIliOD No. v-591
State Superintendent
Department of Education Re: Ellglbillty of voters
Austin, Texas residing in county-
line school districts
Attn.: Hon. T. M. Trlmble to vote for certain
First Assistant county school trus-
tees.
Dear Sir:
We refer to your recent request made at the
instance of the County Sohool.Superintendent of Jim
Wells,County for an opinion on the folldwing submitted
.f%~ct,~:
San Diego~Independent School Die-
trict is a county-line consolidated in-
dependent school district; its boundaries
include area lying in Duvall County and
extends into Jim Wells County to include
area lying in said county; the school dls-
trict Is under the jurisdiction and ad-
ministrative control of the Duval Coun-
ty School Board.
You request an opinion on the following sub-
mitted question:
“Whether qualified voters living in
Commissioner’s Precinct No. 2, Jim Wells
County, Texas, and residing in voting pre-
cinct No. 6, Jim Wells County, Texas, but
residing within the San Diego Independent
School District (part of which extends in-
to Jim Wells County) may legally vote for
the Jim Wells County School Trurtee for
J~imWells County Commissioner’s Precinct
No. 2; end for County Trustee at large
for Jim Wells County.”
Presumably, the San Diego Conrolidated Inde-
pendent School District was created in accordance with
Hon. L. A. Woods, page 2 (V-591)
Article 2742b, Sec. 5b, or Article 2742a, Sec. 5a, Ver-
non's Civil Statutem; and under the provisions of said
laws, Duval County was designated the county having
supervision of said consolidated districts. See al80
Articles 2743 and 29228, V. C. 9.
Section 8 of Article 2742b, provider:
'One County Trustee shall be elected
from the County at large and one Proa each
Commlssionern4n Precinct bv the voters of
the dlstrlcts m
County Trusteesand no school district not
under the suuervlsion of such ,trustee shall
ion. (Acts 1927
x Pi 228 &II:
phasis added throughout-this opinionI.
Article 2745a, also providing for the election
of county trustees by county-line school district vot-
ers, reads:
"At an election for county school trus-
tees, all persons who are otherwise gualifi-
ed to vote for county school trustees and,
who reside in a county line school district
shall be entitled to vote for county school
trustees of ths county having management and
control of such county line ~district, even
though such voters reside in that portion
of the county line district lying outside of
the county having management and control of
the county line district. (H.B. No. 566,
Acts 1939, 46th Leg., P.S.)
Article 2676 a8 amended by Acts 1934, 43rd
Leg., 2nd C.S., Chap. 48, Section 1, provides, in part,
88 follows:
"The general management and control of
the public free schools and high schools in
each county, unless otherwise provided by
law Shall be vested in five (5) county school
trustees elect,ed:fromthe county, one of vhom
shall be elected from the county at large by
the qualified voters of the common and con-
solidated Independent school districts of the
county, and one from.each Commissioners' Pre-
cinct by the qualified voters of each Commis-
Hon. L, A. Woods, page 3 (V-591)
sloners' Precinot. . .'
It Is readily seen that had it not been 'other-
wise provided by law" Article 2676 would have been appli-
cable in the determination of what county board would
have the general menagement and control of the public
free schools and high schools in each county and the de-
ters&nation of the manner in which the county school
trustees offices should be filled in an election held for
that purpose.
It is, however, otherwise provided by law in
Article 2742b, Sections 5a, 5b and Article 2743, that
the general supervision and control of a county-line
school district shall be In that county designated In
the proceedings creating the county-line district.
Further Section 8 of Article 2742b mpecifi-
tally providea (lj that only those voters 'under the
supervision of the county trustees" may vote for the
trustee at lar e and a trustee from their Commissioners'
Precinct, and ? 2) "no school district & under the su-
pervislon,,ofsuch trustees shall participate in their
election. Accordingly, the voters residing in that
portion of the San Die o Independent School District
which is In Jim Well8 8 ounty and which Is under the
supervision and control of Duval County may not legal-
ly vote for the designated county school trustees of
Jim Wells County.
However, Article 2745a authorizer all persons
vho are otherwise qualified to vote for county school
trustees and who reside In a county-line school dis-
trict 'to vote for county school trustees of the county
having management and control of such county-line dis-
trict even though such voters reside In that portion of
the county-line district lying outside of the county h&x-
ing management and control of the county-line district.
SUMMARY
The qualified voters residing in
that portion of the Consolidated San
Diego Independent School district which
is in Jim Wells County, which district
is und.erthe management and control of
Duval County, may not legally vote for
Boni~L.
~-, A. woods; page 4 (v-591)
the county school trustees of Jim Wells
county. Article 2742b, Section 8, Ver-
non'r Civil Statuter.
Yours very truly,
..:, ., ~
ATTORNEY QEI'IERAL
OF TFXAS
CEO:mw Chester E. Ollison
Assls tant