Untitled Texas Attorney General Opinion ( 1948 )

TEEA~TORNEYGENERAL OlF TEXAS AUSTIN.TEXAS PmCE DANIEL rnoamr a-z. Hay 10, 1948 Hon. L. A. Woods Opinion Ro. V-562 State Superintendent Department of Education Ren Incorporationof a Austin, Texas Rural High School District Attn.; Bon. T, M, Trimble First Assistant Dear Sirn We refer to your letter of recent date request- ing an opinion on whether& rural high school district classed as a common district under Article 2922b, Ver- non's Civil Statutes, may under the incorporationstat- utes, Articles '2757and 27423, as amended, incorporate itself into an independent school district. Article 2922b insofar as the same Is perti- nent to this opinion provides8 "Rural high school districts as pro- vided.for in the preceding article (Art, 2922s) shall be classed as common school districts,and all other districts,vheth- er common or Independent, composing such rural high school district shall be re- ferred to in thiz Act as elementary school districts; . + . Article 2922a provides, in paPt, as follovs~ n e Provided that the county school trustee ihill have the authority to abolish a real high school district on a petition signed by a majority of the voters of each elementarydistrict composing the rural high school district and where such district has been abolished the elementary districts shall automatically,,Irevert back to their original status, a 0 a When school districts are consolidatedunder provisions of Article 2806 they cease, for most purposes Han, L. A. Woods, page 2 (V-562) at least, . - to .have any independentexistence, On the other -..... nana, wnen school districts are grouped-or one or more annexed to another under the authority of the rural high school district statutes,Articles 2922a to 2922L inclu- sive, to form a rural high school district, the former districts composing the rural high school district do not cease to have an independentexistence, State v. Caden- head, 129 S.W.(2d) 743, (writ ref.); tiinity Inde endent School Dist. v. District Trustees, Etc,, 135 S-W,P26) 1021, (writ ref.); Weaver v. Board of Trustees of Wilson hd. Sch. Dist,, 184 S.W.(2d) 864. It ha8 been held al- so that where a common school district has been oonvert- ed Into an independent school district in accordance with incorporationstatutes, the old common school dis- trict ceased to exist and an entirely new district was created thereby; further, that all maintenancetaxes theretoforevoted by the common district ceased to be in force. P ote Indep ndent School Dint. v. Dyer, 34 SOW. (26) 578 fCom. App.7 followed in Bi foot Independent School District v. Genard, 116 S-W,726) 804, affirmed in 129 S.W.(2d) 1213, Commission of Appeals-memorandum decision, Thus, it is clear that when a county school board creates a rural high school district in accordance with Articles 2922a, et seq,, and where high school dis- trict under Article 2922b is classed a common school dis- trict, the districts which compose the rural high school district have not ceased to have an independentor separ- ate existence. In fact, Article 2922f provides that the county school board shall not have the authority to abolish OP consolidateany element= school district already es- tablished exceut upon a vote of a majority of the quali- fied-electorsresiding in such elementarydistrict. Fur- ther, when a rural high school district classed ss com- ,mon is created, there is not thereby created a new com- mon school district entity entitled to all the privileges of the laws applicable to common school districts as com- monly recognized and understood,but rather there is thereby created a rural high school district (distinct in nature from a common school district) composed of sev- ers~lexlating common and/or independent school districts, which rural high school district is classed aa common by ,Article2922b to accomplish the intended purpose of the real high school district statutes. We quote from County Board of School Trustees v. Wilson, 15 S.W.(2d) 144, at pages 147 and 1488 Hon. L. A, Woods, page 3 (V-562) "The provisions of chapter lgA, be- ing remedial in their nature, should be liberally COn8tPUedwith a view of cor- recting the conditions sought to be re- medied, and e'ffectuatingthe intention of the Legislature in enacting said chap- ter. To aCCOmpli8h such intention, $.t is thought said board should have the authority, after grouping certain dia- triCt8, to add to the district thus form- ed, by again grouping or annexing other districts as nPovided in article 2922a; upon scholasticpopulation]as-the chang- ed conditionsmay require. We think at the time the order of which complaint is made was entered the Ben Hur rural high 8ChOO~ diatPict was a common school dis- trict within the meani 2922a and 2922b, .,o We belleve'furtherthat Article8 2757 and 2742j ppoviding the procedure for the incoPporationor conver- sion of common school districts into independent school districts are applicable and available only to common school districts created as such and which are subject to all the laws applicable to common school districts; that the provisions of safd incorporationstatutes were neveP intended to be and are not available to rural high school di8tPicts classed as common within the meaning of Articles 2922a and 2922b, Article 2757 provides the ppocedure for the incorporationof an independent school district out of a common school diatzrictcontaining700 inhabitantsor moree Article 27423 pPovides the procedure for the in- coPporationof an Independent school distpict out of a common school district in which there ia~maintaineda first class high school of twelve grades, ,offeringaix- teen or more credits. We know of no statute 0P proce- dure by which a rural high school di8tPiCt as distin- Hon. L. A. Woods, page 4 (V-562) guished from a common school district ray bb converted or changed by incorporationfrom s district containing several existing aommon and/or independentdistricts in- to a single newly created independentschool district0 Furthermore,it has been held in Trinity Inde- endent Sch. Diat. v. Diatrfot TPuatees/Etc., 135 S.W, 726) 1021 (writ ref.), that where thePe hea been annexa- tion of common SOhO diStriCta to an independentschool district having 250 OP more aoholastioaunder the provi-~. aIOns of Artiale 29228, these annexationsby virtue of the pPovisiona of Article 2922b have not changed the atatus of the independentdistrict to’~arural high aahool district. County Board of School Trustees v. OPay, 142 S.W,(2d) 697, writ refused. But.it hs8 been al80 held that where there ‘hasbeen annexation of six common sahool districts to an independentschool district having 250 OP moPe acholastlasafter an election held as required in Article 2922a, the district so cPeated was a PuPal high school diatriat compoaed,ofseven elementaPg school dis- tricts, and was not, as contended,a single enlargstl in- dependent school dintriat. Live Oak Count Bd “Etc. v, Whitastt CoassonSch.. Diat. 181 S.W.(2d) 816 {mif ref.); WeaveP v. Board of Trustees of .WilaonIM. SAh. Dist., 184 S.W;(2d) 864; Dawn Common School Diat. v. County Sohool Board, 205 S.W.(2d) 826, writ refused. Thus,,all school diatPiota oreated by grouping under Article 2922a OP created by grouping and/or annexation after an elea- tion held as mquired in Article 2922c, ape rural high school dlstrlcrtaclassed as common by vlPtue of ths pro- visions of Article 2922b. In ahoPt, there is no such entity as a rural high school district classed a8 an independentdistrict OF vhiah, in the usual mesning of the tePm, ia an independentdistrict. Article 2922a provides the pPoaednre for tha abolishment of a~Pura1 high school diatpiet, thus enabl- ing the districts Composingan establishedrural high school district to revestto theip original status af- ter which they may consolidateand incorporateIn ao- coPdance with applicable statutes. Former Attorney General’s Opinion Bo. O-3424 being inconflict herewith, the same la withdrawn and OverPIlled 0 A rural high school district may not . HOIL L. A. Woods, page 5 (V-562) be incorporatedinto an Independent school district, there being no applicable vtata- tory provision. Yours very truly, ATTORIiEXGEREXAL OF.TFXAB CEO:auf Chester E. Ollison Assistant APPROVED: