Untitled Texas Attorney General Opinion ( 1944 )

THXCA~ITORNEY GENERAL
OF -XAS
Hondriible Dave McXVeill,Jr.
County AttotiheyJ. Shelby County
Center,,.Tsxas ,. _
;
Dear Sir; Opinion ~0~.,~0``911-” ‘- ‘- -’
Ret Does..a oommon school district
^. . which transfers its,entire
scholastic enrollment’to an ac-
credited school of higher rank
by one-year contracts for three
consecutive years thereby con-
soli,datewith the receiving
school, and related questions?
We acknowledge receipt of your letter of March
2, 1944, lnwhioh you request an opinion of this department
on the following questions;
“1. Does a common school district which
transfers its entire scholastic enrollment to
an accredited school of higher rank by one-
year contracts for three consecutive years
thereby consolidate with the receiving school?
“2. Does the County Board of Trustees
have the authority to consolidate a common school
district with its receiving school in the state
of facts outlined in Number 1.
“3. where an election is held within a
common school district for the purpose of elect-
ing school trustees for such school district,
what length of time must a voter reside in such
common school district in order to qualify him
to vote in the election?”
.
_ -. .
Hon. Dave. McNeill, Jr. page 2 O-5911
pour first two questions are, no doubt. prompted
by the provisions of Article 8, Ch. 373, of the aural Aid
Bill for 19 (Acts 1943, 48th Lag. R. S., 8, B. 176).
Section 1 o Article 8 reads, in part, as,,foilows: _
"Upon the agreement of the board of
trustees of the districts concerned or on
petition signed by a majority of the quali-
fied voters of the district and subject to
the approval of the county superintendent
and the State Auperintendent, a district which
may be unable to maintain a satisfactory school
may transfer its entire scholastic,enrollment
for one year to an accredited school of higher
rank. a .'
This*provision authorized under certain circum-
stances the transfer of one school district's entire scholastic
enrollment for one year to an accredited school of higher rank,
but it does not authorize the legal consolidation of districts.
Article 2896, R. S. 1925, sets out the procedure for consol-
idating districtsand provides for the calling and holding of
an election for such purpose in each of the districts to be
affected by the consolidation. The County Board of ‘rustees
as such have no statutory authority to effect a consolidation
of school districts without a vote of the people in each of
the districts affected.
We, therefore, answer your first two questions
in the negative.
The qualffications of voters in _elections
- ._ In. -
common school districts for the purppse of electing son001
trustees for such school districts are governed by Section 2,
Article 6 of the Constitution of Texas, which reads-in part
as followsr
"Every person subject to none of the fore- *
going,disqualifications, who shall have at-
tained the age of 21 years and who shall be a
citizen of the United States and who shall have
resided in this State one year next preceding
an election and the last six months within the
district or county in which such person offer;
to vote, shall be deemed a qualified elector;
Hon. Dave McNeill, Jr. page 3 O-5911
Although there are certain constitutional and
statutory provisions requiring an elector to vote in the
election precinct of his residence, there is no required
length of time for such residence as a,,qualificationfor
voting in a schocl trustee election in a common school
district. Shaw V. Taylor, 146 9. WN. (2) 452.
Trusting'that the foregoing answers your in-
quiries, we are
Your.8very truly
ATTORNEY GENERAL OF TEXAS
,~ .- .,~,.,.
BY Pagan Dickson
Assistant
FDsBT/pam
-,.
.. ,
APPROVED MAR 8 1944
GEo..~P,.BSrAFKBURNACTING
ATTORNEY GENERAL OF ,TEXAS
ii'i'i6iED
O$iiiON &tii~T~
BY BWB, CHAIRMAN