Honorable T. M. Trimble 

First Assistant 

State Superintendent of Public 

Instruction 

Austin, Texas 

Dear Sir-r 

Opinion Nmber O-5552 

Rer Can the bounds of the City of 

Houston be extended to include 

the Independent School District 

of Galena Park? 

We reply to your letter of August 17, 1943, attaching a letter from 

Dr. Walton Hinds, Superintendent of Galena Park Schools, in which he advises 

that the City of Houston has by ordinance, under its Hcme Rule Charter, 

annexed approximately 91 square miles of contiguous territory, including 

valuable territory within the Galena Park Independent School District; that 

in 1923 the Houston School District divoroed itself fromthe City of Houston, 

and in said year we.8 incorporated as the Houston Independent School District by special Act of the Legislature, Said special Act provides in part 

a.5 follows: 

"If at anytime the City of Houston extends its boundaries, 

the boundaries of the Houston Independent School District 

will automatically follow the boundaries of the city." 

Dr. Hinds further advises that the Galena Park Indpendent School District was created under general law by a majority vote of its qualified 

voters on May 24, 1930, being created a Cannon School District with the same 

boundaries, and has mere than 500 scholastic population. 

An opinion is requested from this department as to whether the above 

quoted provision of said s ecial Act of 1923 is enforceable upon another independent school district P. without its consent), or is in conflict with 

other statutes having "a precedence," or is in conflict with the Canstitution of Texas. 

By Special Act approved %rch 18, 1905, the City of Houston was granted a new charter. (H. B. 503, Chap. 17, Special Laws, R.S., 29th Leg.). 

Section 14 of Article 2 of said Act provided that; 

"The City of Houston shall constitute an independent school 

district, subject to the general laws afthe State, exe@ 

where in conflict with this Act," etc. 
Honorable T. M. Trimble, Page 2 (O-5552) 

By Specie.1 Act approved t$rch 20, 1923, Section 14 of Article 2 

aforesaid was repealed, and the Houston Independent School District, 

separate and apart fran the municipal government of the City of Houston, 

was created. (S. B. 402, Chap. 91, Spec. Laws, R.S. 38th Leg.). Section 

3 of this last Act provides as follows; 

"In the event of the extension of the City limits of the 

municipality of the City of Rmston after the wssage of 

this Act, the territory taken into said City by such extention shall autcmatically become a part of the %uston 

Independent School District and subject to the provisions 

of this Act." 

In 1927, the Fortieth Legislature enacted S.B. 375, Chapter 82, p. 

124, General and Special Laws,which 1~89 8 general law end applied to all 

counties in Texas having 210,000 population or more, according to the last 

preceding Federal Census. (Article 2815a, V. A. C. S.). Section 1 of said 

article was amended in 1935 by Chapter 26, 44th Leg., but said amendment 

did not change any of the provisions of said Act hereinafter referled to 

and discussed. This Act became applicable to Harris County since the Federal Census of 1930, whereas it only applied to Dallas County before that time. 

Said Act of 1927, before and after the 1935 amendment, provides for a 

Board of seven County School Trustees, whereas the general law for other oounties only-ides for five. It vests in said Board of seven trustees broad 

powers with reference to creating school districts, consmting school districts, annexing and detaching territory from one or more districts, and 

changing the boundary lines of school districts, being different in many respects from counties having .a population of less than 210,000. 

Said Act of 1927 contains, among others, the following provisions: 

"The words, 'school district,' as herein used, shall refer 

to common school districts or independent school districts, 

however created." (Emphasis curs.) 

"Provided that the territory of no indpendent school district having more than five hundred (500) scholastics shall 

be changed without the consent of its board of trustees." 

From the first quoted provision of said 1927 Ad, it is clear that no 

school district in counties with a population of 210,000 or more w*s excepted from its provisions. 

The second provision of said Act, being in negative form, and oontaining negative words, shows it to be mandatory rather than directory. 

we assume, and have been reliably informed, that soon after Chapter 82, 

above referred to, became effective in Harris County upon completion of the 

1930 Federal Census, said county proceeded to elect and organize a sevenmember 

Board of County School Trustees, and has since functioned and is still functioning under said Act and by said Board. 
Honorable T. M, Trimble, Page 3 (O-5552) 

We now obserm that the provision of the 1923 Houston Independent 

School District Act, providing that the territory annexed to the City of 

Houstin in event of the extension of its city limits, "she.11 autmatically become a part of the Houston Independent School District," is in direct 

conflict with the following provision of the later Act of 1927 (effective 

in Harris County in 1930)s 

"Provided that the territory of no independent school district having more than five hundred (500) scholastics shall 

be changed without the consent of its board of trustees." 

It is also to be observed that Section 11 of the 192'7 Law (Chapter 82 

aforesaid) reads as follcws: 

"All laws and parts of laws, general and special, in -- 

conflmwmthis Act are hereby repealed." 

It is clear therefore that said Section 11 of the 1927 Law repeals 

Section 3 of the 1923 Law, which Section 3 provides for the automatic extension of the boundaries of the Houston Independent School District to 

include territory taken into the City of %uston in the event its city limits are extended. 

It is, therefore, the opinion of this department that, since Section 

3 of the 1923 Law hereinabove referred to has been repealed, the extension of 

the City of Houston of its city limits would not automatically extend the 

boundaries of the Houston Independent School District to include the territory taken into said city. 

Neither could the Board of County School Trustees of iiarris Oounty 

change the boundaries of the Galena Park Independent School District without 

the consent of its hoard of trustees. To do so would be in direct conflict 

with that provision of the 1927 Law which provides that8 

"The territory of no independent school district having more 

than five hundred (500) scholastics shall be changed without 

the consent of its board of trustees." 

See Smith v. City of Dallas, (Civ. App.) 36 S.W. (2d) 547, error 

dismissed. Also Art. 2815~~. V.A.C.S. 

In view of the foregoing, it becomes unnecessary to pass on the 

constitutionality of Section 3 of said 1923 Act. 

LIrJ-s:egw 

APPROVED SEP 10, 1943 

/s/GERALD C. MANN 

ATTORNEX GZ3XFXhL OF TEXAS 

APPROVED Opinion Cmmittee 

By B.W.B. Chairman 

Very truly yours 

ATTORNBY GENERAL OF TEXAS 

By /s/L. H. Flewellen 

L. H. Flewellen 

Assistant