Untitled Texas Attorney General Opinion ( 1941 )

GWALD c. MANN Arrw!ra.vYI. 'ir~x~n
Honorable F. L. Massie
County Auditor
Wilbarger County
Vernon, Texas
Dear Sir: Opinion No. O-2994
Re: Authority of county board of
trustees to consolidate or
group school districts.
We are in receipt of your letter of December 31,
1940, requesting the opinion of this department, which reads
as follow:
"Certain Independent School Districts in
Wilbarger County haveheretofore made applica-
tion to the County Board of Trustees for annexa-
tion to such Independent School Districts of
certain Common School Districts that lie adja-
cent thereto. The County Board of Trustees
has then proposed to order the consolidation.
There is then proposed~in the consolidated dis-
trict a tax levy for the purpose of equalizing
the tax rates in the new consolidated district.
Some of the equalized tax rates is designed for
maintenance, and certain of the proposed tax
levy is designed for the retirement of the bond-
ed indebtedness which is owed by the Independent
school district of which the common school dls-
trict has become apart.
"I would like for you to advise me on the
following questions:
"1. The authority of the County Board of
Trustees to order the consolidation of a common
school district with an independent school dis-
trict by executive order.
"2 . The authority of the Board of Trustees
of the independent school district to then order
an election for the purpose of equalizing the tax
rate in the consolidated district.
Honorable F, L. Massie, page 2 O-2994
“3e Whether all of the property owners in
the new consolidated district are entitled to vote
in such election to equalize the tax rate.
“4* The authority of the Board in the In-
dependent school district to order an election
for the purpose of equalizing a tax levy to be
used for maintenance purposes.
“5. The authority of the Board of Trustees
of the new consolidated district to order an
election to equalize a tax levy, a part of which
would be used to retire the bonded indebtedness
of the independent school district which now in-
cludes the common school district."
In your lettsr you speak of a "consolidation" of
school districts, however, we cannot determine whether you
have reference to a true consolidation or an annexation or
grouping to form a rural high school district, as distin-
guished from a consolidated district.
If you have reference to the creation of a con-
solidated school district, then the county board of school
trustees does not have authority to create such district
by mare executive order but must follow the procedure set
out in Article 2806; R. C. S. 1925, which, among other things,
requires an election in each of the districts proposed to be
consolidated. Article 2806, R. C. S. 1925; Dover Common
School District No. 66 v. County School Trustees of Navarro
County, 112 Tex. 501, 248 S.W. 1062; County Board of School
Trustees of Limestone County v. Wilson (Tex. Civ. App.) '
5 S. W, (2d) 805; Opinion No. O-502, a copy of which is en-
closed herewith.
If, as might be inferred from your letter, you
have reference to a grouping or annexation to form a rural
high school district then in certain instances the county
board of school trustees has authority to form such district
without the necessity of an election, based upon the exist-
ence of requisite facts set out in Article 2922a, Vernon's
Texas Civil Statutes. If certain facts exist it is necessary
that an election be held as provided in Article 2922c,
Vernon's Texas Civil Statutes. Since your letter does not
contain the necessary facts we are unable to advise you
specifically whether the county board could order an annexa-
tion or grouping of the particular districts which you have
in mind.
Articles 2922h and 2922L, Vernon's Texas Civil
Honorable F. L. Massie, page 3 O-2994
Statutes, contain detailed provisions for the assumption
of bonded indebtedness, voting taxes to service same, equal-
izing and voting a local maintenance tax rate when a rural
high school district is formed, and provide that "qualified
tax paying voters" shall vote at such elections.
Inasmuch as your questions are of a general nature
we can only refer you to the above mentioned statutes and
furnish you with general answers. However, if this is not
sufficient to satisfy your purposes we shall be glad to ad-
vise you further with reference to specific questions lf you
will furnish us with the necessary facts and point out the
particular difficulty which you have.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By s/Cecil C. Cammack
Cecil C. Cammack
Assistant
ccc:LM:wc
ENCLOSURE
APPROVED JAN 10, 1941
s/GeraldC. Mann
ATTORNEY GENERAL OF TEXAS
APPROVED OPINION COMMITTEE BY BWB CHAIRMAN