Untitled Texas Attorney General Opinion ( 1943 )

-, .-
OF EXAS
Honorable L. L. Germ
County Attorney
Limestone County
Groesbeok, Texas
Dear Sir: Attentions Mr. Norton Fox
Opinion No. O-5288
Re: Election and term of office
of trustees of consolidated
common school district.
We have before us your letter of May 8, 1943, in nhiah you
ask the opinion of this department upon the following questions
"In the eleotion of school trustees for consolidated
common school districts are the election of trustees to be
governed by Artiale 2808 RCS. or Article 2774a, Sea. 3, RCS.?”
Article 2808 ms originally enacted in 1919 (Acts 1919, 36th
Leg. 9 2nd C.S., Ch. 65, H.B. 148, p. 167). and Artiole 2774a, in 1930
(Aats 1930, 41st Leg., 5th C.S., Ch. 66, S.B. 30. p. 212). Article 2808
and Section S of Article 2774a provide, in part, a6 followsr
Article 2808. "The board of county school trustees
at its next meeting after such consolidation of school
districts is declared, shall appoint a board of seven
trustees for the consolidated district. Wo person shall
be trustee who oannot read and write the English language
understandingly, and who has not been a resident of this
State one year, and of the district six months. prior to
his appointment or eleotion. The tenus of offioe of three
shall qualify by taking the official
filed with the county superintendent of the county wherein
Honorable L. L. Geren, page 2
the district is situated. The board of trustees after being
qualified shall immediately organize by electing one of their
number president and another secretary, a report of which
organization shall be filed with the county superintendent.
The board of county school trustees shall fill any vacancy
by appointment until the next regular election for district
trustees. * * * * t t" (Emphasis added).
Article 2774a, Sea. S. "The board of county school
trustees at its next meeting after the consolidation of
school districts is declared shall appoint a board of seven
trustees for the consolidated district. No person shall be
trustee who cannot read and write the English language under-
standingly, and who has not been a resident of this State one
year, and of the district six months, prior to his appointment
the same for the unexpired term. (Emphasis"added).
The underscored part of each statute was quoted by you in your
letter of request. Therefore, we presume that you are interested in the
question whether the term of offioe of the trustees is governed by Article
2808 or by Section 3 of Article 2774a.
Article 2808 provides for a two year term and the election of
four trustees and three trustees, respectively, in alternate years.
Section 3 of Article 2774a provides for a three year term and the eleo-
tion of three trustees, two trustees, and two trustees, respectively,
every third year. Article 2808 provides that the terms of office of
three menbeis of the school board appointed by the county board after a
consolidation shall expire on the first day of May next following their
appointment, and that those of the other four shall expire on the first
day of May of the succeeding year. Section 3 of Article 2774a evidently
sets the election and qualification of trustees in April next following
the appointment of the original board as the expiration date of the terms
of office of all seven appointed trustees.
The inconsistencies between the two statutes are quite apparent.
We must, therefore, determine which enactment will prevail where there is
a aonflict between the two. As we have heretofore mentioned, Article 2808
was enacted in 1919, and Article 2774a was enacted in 1930. Seation 7 of
the 1930 Act reads as follows:
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Honorable L. L. Geren, page 3 O-5288
“Sec. 7. Ali laws and parts of laws, both general
and special, in confliot with the provisions of this act are
hereby repealed."
We quote the following from Texas Jurisprudence, Volume 39,
page 131:
"In the absence of any constitutional prohibition
against such method, a general,repealing clause is ef-
feotive to repeal prior eoaotments to the extent that they
are inconsistent with, or repugnant to the terms of the
later Act."
You are, therefore, advised thet Article 2808 is repealed inso-
far as it is inconsistent with the terms of Section 3 of Article 2774a,
and that where there is such a conflict, Section 3 of Article 2774a should
be followed and the election and terms of office of consolidated common
school district trustees should be governed accordingly.
'&eare aware that it may be contended that grounds for a con-
trary conclusion may be found inthe case of Plains Common ionsolidated
School District No. 1 of Yoakum County V. Hayhurst (Civ. App.), 122 S.W.
(2d) 322. In that aase the court, among other things, stated the fol-
lowing:
"The law provides that the term of office of a trustee
of a cormnonconsolidated school district shall begin on the
first day of May following his election, It firther provides
that his term of office shall be for a term of two years
thereafter. Article 2808 of Vernon's Annotated Revised
Civil Statutes of the State of Texas provides that any vacanay
that oocurs in such a school board shall be filled by the
board of county school trustees and not by the trustees of
the school district."
Section 3 of Article 2774a states that the term of office of
a trustee of a consolidated school district shall be for three years.
It is also provided that the members of the board remaining after a
vacancy shall fill the same for the unexpired term. Although the Hay-
hurst case ~19sdecided after Article 2774a was enacted, yet, evidently,
said article was neither urged nor was it before, or considered by, the
court. In other words, the court did not determine whether Section 3 of
Article 2774~ or Article 2808 would prevail in case of a conflict between
the two.
On the basis of what we have said, it is our opinion that where
the provisions of Article 2808 and Section 3 of Article 2774a confliot
with respect to the election and terms of office of trustees of consoli-
dated common school districts, Section 3 of Artiole 2774a will prevail
and should be followed.
Honorable L. L. Gwen. page 4
This opinion is expressly limited in scope and effect to the
specific question considered.
very truly yours
ATTORNEY GMERAL OF TEXAS
By s/George W; Sparks
GeOr@W. Spabks
Assistant
APPROVLD MAY 14, 1943
s/Grover Sellers
FIRST ASSISTANf
ATTORNbY GENERAL
Approved @pinion Committee By s/BKR Chairman