The Attorney General of Texas December 23, 1982 MARK WHITE Attorney General Honorable Hamp Atkinson, Chairman Opinion No. m-531 Supreme Court Building House Public Education Committee P. 0. Box 12548 Austin. TX. 78711. 2548 Texas House of Representatives Re: Whether school board of 5121475-2501 P. 0. Box 2910 trustees may organize at times Telex 9101874-1367 Austin, Texas 78769 other than that provided in Telecopier 5121475-0266 section 23.19 of the Education Code 1607 Main St., Suite 1400 Dallas, TX. 75201.4709 Dear Representative Atkinson: 2141742.8944 You have asked whether an independent school district board of trustees may organize at any time other than that specified in section 4824 Alberta Ave., Suite 160 El Paso, TX. 79905.2793 23.19 of the Texas Education Code. Section 23.19 provides in 9151533.3484 pertinent part: (d) At the first meeting after each election 1220 Dallas Ave.. Suite 202 Houston. TX. 77002-6986 and qualification of trustees, the members shall 7131650-0666 organize by selecting [a board president, secretary, treasurer, an assessor and collector of taxes, and] such other officers and committees as 806 Broadway, Suite 312 the board may deem necessary. Lubbock, TX. 79401.3479 8061747-5238 Independent school districts may conduct an election for school trustees on one of the four dates specified in article 2.01b of the 4309 N. Tenth, Suite B Texas Election Code. Under section 23.19 of the Education Code, the McAllen. TX. 78501.1685 trustees "shall organize" at the first meeting following each election 5121682.4547 and the qualification of trustees. This section neither states nor implies, however, that the trustees may not organize at any other 200 Main Plaza, Suite 400 time, and in our opinion such a prohibition should not be read into San Antonio. TX. 78205.2797 it. There may be times during the school year in which the board may 512/225-4191 need to reorganize -- for example, when one or more of the officers of the board resigns and new officers must be chosen -- and we do not An Equal Opportunity/ believe the legislature intended that such a reorganization would not Affirmative Action Employer then be authorized. We therefore answer your question in the affirmative. SUMMARY An independent school district board of trustees may organize at some time other than that p. 1921 Honorable Hamp Atkinson - Page 2 (MN-531) specified in section 23.19 of the Texas Education Code. ati Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Jon Bible Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpin Patricia Hinojosa Jim Moellinger p. 1922