THELI~~~ORNEY GENERAL 

OF-XAS 

May 5, 1959 

Dr. J. W. Edgar 

Commissioner of Education 

Texaa Education Agency 

A,ustin, Texas 

Opinion No. WW-617 

Re: Where an Bria or community 

is now included within the” 

botihd&rl&s of a munidipally 

controlled independent 

schbol district for ‘sdhool 

purpose& only, &id. that 

cotimunitt ihctirpoFat.eB~ihto 

a dity. or town; will such 

fncorporatlon’ aiitoiatlcally 

affect any~‘rightb ‘that thb~ 

muni~lpally controlled dibtriot may”have to exe*ci&e 

and’ continue jurisdidtion 

theticlln for school purposes 

Dear Dr. Edgar: onl)? 

We quote from your request at3 follows: 

"Fadtual situatiofi: There is a munioipally controlled lndependent’schtiol district. 

The oity cbtiprising that’city contrblled independent echo01 district ha8 ~bn several ooOabionE extended hits city’ boundaries fbr 

sohool purposes 6nly ufider~Atitlole 2803, so 

that till-: ,lty conttibllsd dohool district 

boundiii*r=Y bxtend btfond the”botindaHes of 

the oitJ ,‘or~ city purposds ~to include constderbti&e area not ‘a pert ol’ the city~ proper. 

A Oom~~r(,.rt~ has de%loPe~d In’ this area not a 

paFt of thC city prbper~ but within’ the boundarlea~ of city oontrblli?d school sytititi as 

extended for schbol p,tirposes L Purri aant to 

Articles 1133, et seq., V. T. C. S., an eletid 

tidn has been called to lncorpbrate this oommunity, to make of It an incorporated city. 
Dr. J. W. Edgar, page 2 (WW-617) 

“We have needy for and would appreciate an oplnlon’from your office on the 

following question: 

“Where an area or community ia 

now Included’ within the boundaries 

of ‘a municipally controlled independent school dlstrlct for school 

purposes only, and that communify~ 

Incorporates into a city or town, 

will such~ Incorporation automaticallyaffect any rights that’ the 

municipally ~bnt~olled”dlitrict’ 

may have-to ‘exercise and continue 

jurisdict.fonthereln for school 

purposes only. ’ 

It is elementary that school districts may be 

organized or- abolished and’ the ‘boundaries thereof altered 

only in accordance with the constitution or stat,utes. 

Section 10 of Article XI of the Texas Constitution provides that: 

“The ‘Legislature ‘may ‘constitute any 

city or town a separate and independent 

school district. . . .‘I 

Article 2768, Revised Civil Statutes, provides: 

“Any city or town in this~ State 

may acquire the exclusive control of 

the publics free ‘schools within its “limits. 

Any city” or town which has heretofore, 

under the Act’ of Marc’h 15;’ 1875, or any 

subsequent law, assumed c’ontfol of the puol3.c 

free’ schools ‘within its Iimlts, and’ has continued~ to eierc3se”the same- until the” 

present time,: or any”dity or town’~tifilch”may 

hereafter determineso to’ d&by majority 

vote 0T the ‘property tax”payers ~of said 

tiity~ or~townvoflng atan eletition’held 

for’th~at ~‘purpose;~ may h;iVi? exc1iisivo “’ “’ 

control of ‘tke pubIic free schools within 

its limits. Acts 1905, p. 263.” 
Dr. J. W. Edgar, page 3 (W-617) 

The special nature of a ,munlcipal school'dlstrlct 

is illustrated by thelanguage used by the court In the 

case of Towh of Sunnyvale; Texas'v. DallasCounty Board 

of School Trustees, 283 S.W.2d 296 (Clv. App. 1955) as 

folLows: 

'The adjudicated ca,ses lead us to 

the~tionclusion that ~a municipal school 

dintrict whlch'lncludes~a11 the.terrltory within 'the "limits' of'~a city~~or" 

town and which meets all the'reqiiiretierit of Art'. 2768, R;C'iS;',' cannot be 

changed inoofar as the'territory with;~ 

In Its city Ilmits' lKcohcerned;~exce~t 

by"the~vote or consentof 'a majority of 

the Citizens of the-town'as~ a whole. 

Tn~ other words; it"canhot be changed by 

the vote of ~the persons residing only 

In a portionof the-towh who seek to' 

disannex"suCh"portion'from the"balance 

of the munidlpal school dl.atrltit within 

the'city llmlts of"the tbwn;~ or by the 

County'Board of' School Trustees based 

on such a vote byonly the'qualifled 

voters of the territory dlsannexed. 

"Underthe record, if the trials 

court had jurisdiction of'this proceeding we should sustainappellant's contention in its asserted question for review." 

The incorporation of a city or town pursuant to 

Artidles~ 1133 et'seq,'Vernon's 'Civil Statbtes,'does'not~ 

automatically~glve the'municipality'so~formed control of 

then s~hools'i~cated"withln'its corporate limits. ~The' 

mode of organlslng~munl~lpally controlled tichool districts 

as prescribed by Article 2768 is exclusive. 

Your question is therefore answered In the negative. 

SUr.lPlARY 

Where an area or community is now 

Included within the boundaries of 

amunicipally controlled independ-, 

ent school-district for school purposes only, and that area or com- 
Dr. J. W. Edgar, page 4 (W-617) 

mtinity incorporates into a~ city 

or town, such lntiorporatloti'will 

not atitomatically affect ai-iy 

rights that the mtitilci~~lly'cohtrolled' distl'ict 'ti&y'have to'ei- 

&clsKand~ cdntihue~jurlsdicflo~. 

therein for school purposes only. 

Very truly yours, 

WILLS WILSON~ 

Attorney General of Texas 

-" Leonatid~ Passmore 

Assistant 

LP:rm:sd 

APPROVED: 

OPINION COMFTITTEE 

Geo. P. Blackburn, Chairman 

Zellner J. Turllngton 

Robert H. Walls 

Llnward Shivers 

REVIEWED FOR'THE~ ATTORNEY GENERAL 

BY: W. V. Geppert