Untitled Texas Attorney General Opinion ( 1946 )

44 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Hon. Ray Lackey County Auditor Yoakum county Plains, Texas Dear Sir: opinion moo. O-7009 a Rural High SC carefully conside request as follovsa three hundred n's huotated Texas Clvll county in this State all hereaitep be organized, Statutes, reads as follgrsr 45 Hon. Rny Lackey - Page 2 “No rural high school district, a8 provided for herein, shall contain a greater area than one hundred square miles, or mom than seven elementary school districts, exoept t&t the county school board of school trustees may form rural high school districts, aa Provided in Artiole 2922a, containing more than one hundred square miles, upon a vote of a majority of the quallfled eleotors In the aald proposed rural high school district voting at an election called for such purpose; and provided further, that the said board of oountp school trustee8 may form a rurnl high rchool dlstrlot containing more than seven elementary districts upon a vote of a msjoritg of the qualified voters in each. of the elementary districts vlthin such proposed rural high school district.” Your letter does not state hov the rural high school district was created, hovever, for the purpoaea of thla opinion ve will assume that it vas lawfully established. Article 2922b, Vernon’s Annotated Texas Civil Statutes, rends aa follows: “Rural high school districts as provided for In the preceding article shall be classed as common school districts, and all other dia- trlots, vhether commonor independent, composing such rural high sohool dlatrlct shall be re- ferred to Ln this Act as elementary school dlstriots; provided that all Independent school districts enlarged by the annexation thereto of one or more common school districts es pr6vlded for in Artlole 29228 shall retain Its status nnd name as an Independent sohool district, and shall continue to operate as an independent school district under the provision8 of the ex- isting lavs and the lavs hereafter enacted governing other independent school dlst+cts, ex- cept as otherwise provided for herein. Article 2922k. Vernon’s Annotated Texas Civil Stetutes, reads as follovsr 46 Hon. Ray Lackey - Page 3 “All ruNi1 high schoola vlthin a rural high school district hereln providad for shall be under the immediate control of the board of school truetess for such rural high achoola, and such board of school trustees shall be under the control and supervision of the counts superintendent and county board of sohool true- tees, and shall be subject to the same provi- sions of lav and restriction8 that WOmpOzI SChOOl districts are nov subject to. except where otherwise provided herein.” (UnderscorIng ours) Article 2750, Vernon’s Annotated Texas Civil SW- tutes (applicable to common school districts) reads in part as f ollovsr “Tmstees of a district shall make con- tracts vlth teachers to teaoh the public schools of their district, but the oompensation to a teacher, under a written contract so mde, shall be approved by the county superintendent before the school la taught, stat- that the teacher vi11 teach such school for the time and money specified in the COntrOct. .~ . .* It is our opinion that your question should be ansvered in Lhe affirmative, and it is SO an8vwered. Very truly yours ATTORHEYOENERALOFTEXAS BY Wm. J. Penning Assistant WJF:BT