Honorable T. M. Trimble

First Assistant State Superintendent of Public

Instruction Austin, Texas Dear Sir-r Opinion Nmber O-5552 Rer Can the bounds ofthe City of Houston be extended to include the IndependentSchool District of Galena Park? We reply to your letter ofAugust 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 squaremiles of contiguousterritory, including valuable territory within the Galena Park IndependentSchool District; that in 1923 the Houston School District divoroed itself fromthe City of Houston, and in said year we.8incorporatedas the Houston IndependentSchool District by specialAct of the Legislature, Said specialAct provides in part a.5follows:

"If at anytime the City of Houston extends its boundaries, the boundaries ofthe Houston IndependentSchool District will automatically follow the boundaries of the city." Dr. Hinds further advises that the Galena Park IndpendentSchool District was createdunder general law by a majority vote of its qualified voters on May 24, 1930, being createda Cannon School Districtwith the same boundaries,and has mere than 500 scholasticpopulation. An opinion is requested from this departmentas to whether the above quoted provision of said s ecialAct of 1923 is enforceableupon another independent schooldistrict without its consent), or is in conflictwith P. other statuteshaving "a precedence,"or is in conflictwith the Canstitution of Texas. By SpecialAct approved %rch 18, 1905, the City of Houstonwas granted a new charter. (H. B. 503, Chap. 17, Special Laws, R.S., 29th Leg.). Section 14 of Article 2 of saidAct providedthat;

"The City of Houston shall constitutean independent school district, subject to the general laws afthe State, exe@ where in conflictwith this Act," etc.Honorable T. M. Trimble, Page 2 (O-5552)

By Specie.1

Act approved t$rch 20, 1923, Section 14 ofArticle 2 aforesaidwas repealed,and the Houston IndependentSchool District, separate and apart fran the municipal government of the City of Houston, was created.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 autcmaticallybecome a part of the %uston IndependentSchool District and subject to the provisions of this Act." In 1927, the Fortieth Legislature enacted S.B. 375, Chapter 82, p. 124,General and SpecialLaws,which 1~898 general law end appliedto all counties in Texashaving 210,000 population or more, according to the last precedingFederal Census. (Article 2815a,V. A. C. S.). Section 1 of said articlewas amended in 1935 by Chapter 26, 44th Leg., but said amendment did not changeany of the provisions of said Act hereinafter referledto and discussed. ThisAct became applicable to Harris County sincethe Federal Census of 1930, whereas it only applied to Dallas County before that time.

SaidAct 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. Itvests in said Board of seventrustees broad powers with reference to creating schooldistricts, consmting school districts, annexing and detaching territory from one or more districts,and changingthe boundary lines of schooldistricts, being different inmany respects from countieshaving .apopulation of less than 210,000.

Said Act of 1927 contains, among others,the followingprovisions: "The words, 'schooldistrict,'as herein used, shall refer to common schooldistricts or independent school districts, however created." (Emphasiscurs.) "Provided that the territory of no indpendent school district havingmore than five hundred (500) scholastics shall be changedwithout the consent of its board of trustees." From the first quoted provision of said 1927 Ad, it is clear that no school district in countieswith a population of 210,000 or more w*s excepted from its provisions. The secondprovision of said Act, being in negative form, and oontaining negativewords, shows it to bemandatory 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 countyproceeded to elect and organize a sevenmember Board of County School Trustees, and has since functioned and is still functioning under saidAct and by said Board.HonorableT. 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 tothe City of Houstin in event of the extension of its city limits, "she.11autmatically become a part of the Houston IndependentSchool District," is in direct conflictwith the followingprovision 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 changedwithout the consent of its board of trustees." It is also to be observedthat Section 11 of the 192'7 Law (Chapter 82 aforesaid) readsas follcws:

"All laws andparts 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 IndependentSchool District to include territorytaken 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 hereinabovereferred to has been repealed, the extension of the City of Houston of its city limitswould not automaticallyextendthe boundaries of the Houston IndependentSchool District to include the territory taken into said city. Neither could the Board of County School Trustees of iiarrisOounty change the boundaries of the Galena Park IndependentSchool Districtwithout 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 havingmore than five hundred (500) scholastics shallbe changedwithout 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. Inview ofthe foregoing, it becomes unnecessary to pass on the constitutionalityof 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