Untitled Texas Attorney General Opinion ( 1950 )

- TO EACHCOUWY JUDGRIW TEAS:
Due to wide interest,a copy of this is sent for your informatton.
HE N
OF TEXAS
AUSTIN. TEXAS
April 1, 1950
Hon. J. P. Yllliams Opinion Ho. V-1026
County Attomiey
Poakum County Re: Present status bf
Plains, Texas Plains Real High
School Dlstriot under
facts submitted'and
S&230, Acts 51st
R.S. 1949 (Art.
Dear air: 281jL2, v.c.s.)
We quote frcln your recent inquiry as folmm:
"Plains was originally one of sever-
al oommon school distriots of Yoakw Coun-
ty, and was known as Plains CommonSohool
Mstriot Ao. 1.
"In 1931, Plains CommonDistriot and
Stanford Valley Comon Bohool Mstriot were
oonsolidated by an election for suoh purpose
held in eaoh suoh district, and the msult-
ing dlstriot beoame kuown as Plains Consol-
idated CommonSohool District Ho. 1.
"On AprLl 29, 1939, an election was
held pursuant to order of the Yoakum County
Board of Trustees to vote on the grouping
of swh Plains Consolidated district, Cen-
tre Point CommonSohool Distriot and Glen
Park Common3ohool District for rural hlgb
sohool purposes. lhis eleotion oarried in
eaoh of swh distriots was so declared by
the County Boqd of Trustees, and became
known as Plains Rural High School Distrlot
Ho. 1.
"On Juue 17, 1941, pursuant to order of
Yoakum County Board of Trusteea, an eleatl.on
was held for groupiug, and assumption of bond
Lndebteduess of said Plains district, in-g
land and Turner CommonSchool Dlstriots and
said Plains Rural High School Dlstrlot. This
election carried in each such district, was
Hon. J. P. Williams, page 2 (v-1026)
so declared by the County Board, and the
resulting district became known as Plains
Rural High Sohool District Ro. 1.
“In July 1948, an election was held,
pursuant to call by the County Jud es in
the manner provided in ArtLcle 280 g , V.C.S.,
on question of consolidation of such Plains
distriot and LibertyCommon School District.
This election carried In each district and
was so deolared by the Commissioners’ Court.
In August 1948, an election was held in each
of said dlstrlots on assumption of Fndebted-
ness, which oarrled, and was ao declared by
the Commissioners I Court. In August 1948,
the Commissioners ( Court entered its order
declaring the boundaries of this new oon-
solidsted district which becsme known as
Plains Rural High School District.
“QWSTIOR: Do the provisions of Sec-
tion 5 of Article 2815-2, V.C.S. (passed in
S.B. 230, Aots 51at Leg., R.S. 1949) consti-
tute the above mentioned Plains Rural High
School Distriot an Independent sohool dls-
trict .~ ‘I
Sedate Bill 230, Acts 51at Leg., R.S. 1949, oh.
573, p.1118 (Art.2815~2, V.C.S.), effective July’22,1949,
provides in part as follows:
“sec. 1. Rural high school districts
(whether formed by grouping or annexation),
oom~~onschool distrlots, oommon county-line
sahool dlstriots, independent sohool dls-
trlcts, and county-line independent sohool
districts, . . . may be consolidated in the
manner provided by Article 2806, Revised Civ-
il Statutes, as amended; . . . Provided fur-
ther that eaoh such rural high sohool dLs-
trict indicated In such oonsolidation shall
be oonsidered as one dlstriat for votkng pur-
poses in such consolidation eleotion . . .
“Seo.4. Any district formed by a oon-
soltdatlon under this Act shall constitute an
independent sohool distrlot and be governed
by the General Laws applicable to independent
school distriots and It may thereafter be
consolidated with any other district or dis-
tricts under the provisions of this Act.
Eon. J. P. Willlams, page 3 (v-1026)
“Sea. 5,. Any dlstriat heretofore form-
ed by oonsolidation in the manner provided in
thir Aat ( Iin the manner provided by Artiale
2806’) is hereby validated and deolared to
constitute an independent school distrlot. ”
The title or caption of Senate Bill 230 reads:
“An AQt authorizing rural high school
districts, aommon school distciots and in-
dependent school districts, inaludiug oouu-
ty line distriots of any type, aud iualuding,
under oertain oonditions, elementary school
distriots wbioh, without a separate majority
vote therein, were anuexed to or grouped with
other distriots under Chapter 59, Acts of the
39th Legislature, relating to rural high
school districts, to be oonsolidated in the
manner provided in lultiole 2806, Revised
Civil Statutes, as amended; making provl-
sions for the Board of ~Trustees to serve
such consolidated district until the next
regular trustee eleotlon; providing that dis-
triots oonsolidated under this Aot shall oon-
stitute independent sohool disttiats and be
overned by the General Laws relatFng to in-
fiependent sohool dlatrlcts ; validating dis-
triots heretofore consolidated in the manner
protided ln this Act but providing that swh
valldatlou shall not apply to any district
involved Ln litigation brought by a taxpay-
ing voter therein questioning the valldlty
of such oonsolidation; enacting other pro-
viaLoms relatLng to the subjeot; and tleolar-
ing an emergemy. ’
Section 35 of Article III of the Constitutlou
of Texas provides:
“Ro bill . . . shall contain more than
one subject, which shall be expressed in its
title. But if any subject shall be embrao-
ed in an eat, whioh shall not be expressed
in the tLtle, such act shall be void only
as to so much thereof, as shall not be so
expressed. ”
The oaptlon of Senate Bill 230 apprises that
“di.striots oousolldated uuder this Act shall aonstitute
Hon. J. P. Williams, page 4 (v-1026)
independent sohool dlstrlota and be governed by the @n-
era1 Laws relating to independent sahool distrlats.” But
with respect to distriots heretofore consolidated in the
manner provided in this Act, it purports only to validate
them. It does not apprise that ‘districts heretofore con-
solldated” shall oonstitute independent sohool districts.
on the other hand, Seotion 5 of the body of the
Aot contains certain provisions which purport to declare
districts heretofore oonsolldated in the manner provided
by this Act to constitute independent school districta.
It not only validates suoh districts but in addition pur-
ports to constitute them independent school districts.The
subject deolaring suoh districts as independent districts
ia not expressed in the tLtl@.
A8 a general rule, a title should be neither
broader nor narrower than the body of an Aot. Abernath
C. Line Cousol. etc. v. New Deal R.R.S. Dist.,-T7?xuF
T A 1939 error di sm., jtigm.cor.); 39 Tex.Jur.
ggex&kk~~' seo'46. When the title of an Act is too
&row or r&trl&ve to cover the body thereof, those
portions of the Act not embraoed~ ins the title are void.
Siherland v’. Board of Trustees 261 S.W. 48s (T~.Clv.
. , error ref.); Abernathy C. Lin&Consol. etc. v.
I\TevDeal R.H.S. Dist., supra; 39 Tex..Jur. 100, Statutes,
Qec.46.
In view of the fact that the title of Senate
Bill 230 is restrioted to the subjeot providing that
“districts consolidated under this Aot shall constitute
independent sohool distriot : . ‘I, it is our opinion
that the provision In Se&Lou i of the body of the Bill
whioh purports to declare "any distriot heretofore form-
ed by consolidation in the manner provided in this Act
an independent school district” Is unoonstitution-
* ' 'Tex.Const.
al. Art. III, S,ec.35.
Therefore, Senate Bill 230 is not to be oon-
strued as constituting any district heretofore formed in
the manner provided in this Act as an independent school
distriot. Specifically, the provislon of Seotion 5 of
Article 2815-2, Vernon’s Civil Statutes, (Sec.5 S. B.
230, Acts 51st Leg., R.S. 1949, ,oh. 573, p.lll8j may not
be construed to constitute the Plains Rural High School
.
Hon. J. P. Williams, page 5 (v-1026)
Distriot an independentschool dlstriot. Of course, any
school district formed from two or more oommon school
distriots, from a common school dlstrlot and a rural high
sohool district, or from any combination of districts
enumerated in Section 1 of Senate Bill 230 as a result
of a consolidationelection ordered and held in the man-
ner provided in Article 2806 after the effeotive date of
Senate Bill 230 (July 22, 1949), is an independent school
district.
SUMMARY
Insofar as Senate Bill 230, Acts 51st
Lee., R.S. 1949, ch.573, p.1118 (~rt.2815-2,
V.C.S.) purports to constitute any district
heretofore consolidated in the manner pro-
vided in this Act as an Independentschool
distriot, it is Ln violation of Section 35,
Article III of the Constitution of Texas ln-
asmuch as such portions of the Act am not
embraced within the Title, but any dlstrlot
formed from a combination of districts enum-
erated in Section 1 of Senate Bill 230, af-
ter the effective date thereof (July 22,
1949) by a ConsolidatLoneleotion held In
the manner provided In Artiole 2806, V.C.S.,
is an independent school district.
Under the facts submitted the Plains
Rural High School District is not constltut-
ed an independent school dtstrlot under the
provisions of Senate Bill 230.
Yours very truly,
PRICR DARIRL
APPROVED: Attorney General
J. C. Davis, Jr.
County Affairs Dlviaion
Charles D. Mathews Chester E. Ollison
Rxeoutlve Assistant Assistant
CEO :mw