Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF’THE ATTORNEY *GENERAL OF TEXAS
AUSTIN
Hon. Paul H. Iitw.nford
Criminal District Attorney
Vw~nZandt County
Canton, Tcxna
Dear Fir! Opinion No. O-7170
Rer Whether petition for bond
election in
Your request for opinio
fully considered by this depar
as follows8
d’
At the req
Zandt i!ounty, Te uest your
opinion on the f
5, Revised Civil Statutes, provides:
election Ls held to determine the
the lovy of such tw,x or the issuance
of such bon?s, e petltioil therefor, signed by
twenty (20) or more, or a majorlty of those entitle4
to vote at such election, shall be presented ‘to the
County Judge of the county If for a common school
district, * end ‘to the district trustees lf for wz
Independent school d.istrict. etc. ’ . . . . and
provides for order of election, n@.ces etc.’
C.
,
lion. Paul H. Stanford - Page 2
“Article 2763, Revised Civil Statutes, :)rovldesr
” ‘All Incorporate4 districts, having e‘,,!h
fewer than 150 SChOltMtiCS according to the ‘T.a.test
census, shall be governed in the general admi~nle-
tration of theLr schools by the laws which amply,
to common school districts; and all funds of such
--)dlatrictw whnll be kept in the county depositories
and paid out on order of the trustees approved by
the county wuperlntendent.’
“Faata: Edom Independent School Dlstrtct In
Van Zendt County, Texas, is in Independent school
district but the number of SChOkW3tiCS according
to the lateet census, is leea than one hundred fifty.
‘This Independent School Diwtrict desires
to have an election to issue bonds for the purpose
of building a school builaing.
“Question1 Shall the petition for such bond
election be directed to the County Judge for e,n
order for such election as is provided for common
school districts, or shall it be presented to the
District Trustees for wn order for such election
as ie provldid for lndwpendwnt school districte?”
Articles 2784e anil 2785, wupre, deal specifically
with the issuance of bonds and bon4 elections for common
and independent wchool districts, while Article 2753, supra,
merely provi4es that independent school districts having fever
than 150 SchOlaStiC8 shall be governed In the general adminls-
tration of their schools by laws which apply to common achooi
rllwtricta. We think the specific bon4 statutes above quote4
should control over the general provisions of Article 2763,
with respect to general administration of said schools an8 It
la therefore our opinion th& petitiona for bond elections
in Independent wchool dlwtricts (including thoee having lqsw
Hon. Paul H. Stanford - Page 3
than 150 scholastics according to the latest census) should
be presented to the trustees of the independent school dls-
tricts and not to the County Judge.