### 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