Untitled Texas Attorney General Opinion ( 1947 )

R-767
Eon. John A. Romberg Opinion No. v-369
County Attorney
5enzrler County Rc: Authority of county
Goazelea, Terse school trustees to
rescind sn order
selling sn election
under Artic lea 2922e,
2922b end 2922c, V.C.3.
Dear air,:
We refer to yam letter'of August 25, 1947,
requesting our opinion 88 to whether the County School
Truutees of Gonzales County msg rescind 6n order entered
on August 12, 1947, calling an election September 5,
1947, to determine whether or not Leesvllle Common School
District shall be annexed to Nixon Independent School Dls-
trlct by the County School Trustees, all in conformance
with the provisions of Articlea 2922a, 2922b, end 2922c,
v.c .s.
Art. 2676, V.C.S., which vests the genersl
aenegement and control of the public free schools end
high schools in eech county In the county school trustees,
is referred to by the Court in Donie Independent School
District vs.~Freestone Consolidated Common School Dlstrlot,
127 5. w. (2d) 205, 03 f0110``:
"Nscesssrlly, under the general lrngusge
urod in seld erticle, the county school trus-
tees of each county ore vested vith a large
discretion in the exercise of the poverr ad
conferred, and the courts will not ordinerily
interfere vlth their exercise of the same un-
less it is clearly shown thet such discretion
hrr been *bused. 37 Tex. Jur. p. 895."
We quote from sn opinion of thin office dated
Meg 20, 1936, addressed to JessC. Leven, County Attorney,
Lubbock County, vr?tten by Joe J. Alsup, Assistant Attorney
General,:
Hon. John A. Romberg - Page 2 (Ro. V-369)
"That 8 county board of trustees has
authority to group certain school districts
into rural high school districts upon 8 vote
of the people in caves where the territory
involved embraces more than 100 square miles
can not be disputed. The election itself,
however, does not constitute a grouping but
merely amounts to 8 petition on the part of
the people that said grouping be had by the
county board. As to whether or not such
grouplng will be had is still discretionary
with the county school board."
The above opinion of this office refers to
Board of Trustees vs. Woodrow Independent School District,
90 3. W. (2d) 333, snd quotes from same 8s follows:
"The Board's action comports with the
plainest principles of honesty and fair
dealing. By stetutev It Iv given unbridled
power over the formation of rural school as-
trictv.n (Underlining in opinion)
These and other expressions referring to the
discretion of the county school trustees in forming rural
high school dlstrlcts indicate that the determination
that such 8 district vhould~exist rests solely with these
trustees. Gibson v. Couch, 153 3. W. (2) 288. The plain
import of all cave,8relating to county school trustees la
that their discretion is broad in this matter and that
their judgment iv not to be assailed by mendemuv or other
writs to compel them to act unless there has been a plain
abuse of discretion, fraud, undue influence or the llke.
Since they are vested with the discretionary authority to
order the election to test the sentiments of the electors
of the district and once 8 favorable vote is received, it
still remains with them to decide whether a district shall
be formed, it follows that an order calling 8n election
may be rescinded.
We are therefore of the opinion that the County
School Trustees of Gonzales County mey revoke their order
calling an election on September 5, 1947, basing their or-
der of revocation upon their judgment that necessity for
the election no longer exists.
Hon. John A. Romberg - Page 3 (No. v-369)
SUMMARY
County school trustees may revoke an
order calling sn election to annex a common
school district to sn independent school dis-
trict If in their discretion necessity for
the election no longer exists. Art. 2922c,
v. c. 3.
Yours very truly
JTB/lh