THE ATTQBRNEY GENERAL 

Q,P TEXAS 

CmWPORD C. MARTIN 

AUBTIN. - 78711 

ARORNISY CaEnERAl. August28, 1970 

Dr. J. W. Edgar 

Commissioner of Education 

201 Eiaat Eleventh Street 

Austin, Texas 78711 

Opinion No. M-677 

Re: Whether Section 3-b of Article 

VII of the Texas Conatltution, 

as amended in 1966, obviates 

the necessity to hold an election in Independent school 

diatrlota where there haa been 

a change In the boundaries by 

annexation or consolidation to 

determine whether the resultant 

district shall aaaume any outstanding bonds aa well as levy 

bond and maintenance taxea 

therein. 

Whether Section 16.80 e) of the 

Texas Rducation Code Acts 61st 

Leg., R.S. 1969, ch. H 89, p.2709) 

requires that an election be 

held for the assumption of outstanding bonda, If any, and ttbu 

levying of bond and maintenance 

taxes as an incident to any 

consolidation effected under +he 

provlalons of aubaectlon (a) of 

Dear Dr. Edgar: Section 16.80, aupra. 

In response to your request for an opinion from this office 

concerning specific election requirements in connection with 

school consolidation and annexation matters and the neceaaary 

adjustment of bonded Indebtedness in connection therewith we 

will first conalder the application of Section 

2- 

b of Article VII 

of the Constitution of Texas, as amended In 196 , and Its relation to Independent school d.latrlcta. 

The pertinent parta of the above mentioned conatltutlonal 

provision reads as followa: 

"No tax for the maintenance of public free 

achoola voted In any independent school district 

nor any bonds voted In any such district 

but klsaued, shall be abrogated, cancelled or' 

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. . 

Dr. J. W. Edgar, Page 2 (M-677) 

Invalidated by change of any kind In the boundaries 

thereof. After any change In boundaries, the 

governing body of any such district, wlthoxthe 

necessity of an additional election shall have 

the power to assess, levy and colle& ad valorem 

taxes on all taxable property within the bsundarlea 

of the district as changed, for the purpoaa of 

the maintenance of public free schools and 

the payment of principal of and Interest dn'all 

bonded Indebtedness outstanding against, or attrlbutable, adjusted or allocated to, such district 

or territory therein, , . ." (emphasis added) 

The language above cited clearly deals with any boundary changes 

In Independent school districts, either by consolidation of 

entire districts or annexation of additional lands thereto, and 

In either event obviates the need for elections. 

The Texas Education Code, Sec. 19.461, appears to be IF 

conflict with the constitutional provision above cited, wherein 

It states that "The trustees of any school district 

common, or rural high school as such district exists%%%? 

aolldatlon, annexation, subdivision or any other authorized type 

boundary change, are authorized to I?all an election" to assume 

any bonded or other debt created by the district as It previously 

existed and levy bond and maintenance taxes. (emphasis added) 

Section 19.243(a) of subchapter H of the Code, dealing 

exclusively with consolidation of school districts further states 

that, 

"If at the time of the proposed conaolldation there are outstanding bonds of any district 

included in the proposed consolidation, an election shall be held to determine whether or not the 

consolidated district shall assume and pay off the 

outstanding bonds, and levy a tax therefor." 

The proposition that constitutional provisions are given 

priority over state statutes la so elementary In law that no 

authority need be cited for this point. Where conflicts of this 

nature exist, the conflicting portions of the state statute are 

deemed as aurpluaaa 

Ia 

e .without legal effect. 

194, 

/16 Am..Jur. 2d., 

Constltutlonal Law page 457/ In our situation the above 

provisions could impose no requirements on independent school 

districts to hold elections following boundary changes for Section 3-b of Article VII of the ~Conatitutlon of Texas controls on 

this point. 

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. . - 

Dr. J. W. Edgar, Page 3 (M-677) 

When dealing with the election question In conaolld8tion 

cases lnvolvln dormant school districts under the provlalona of 

Section 16.80 a) (e) of the Texas Education Code, the nature of 

the resultant school district would control. 

The salient provlalona of that section read as follows: 

"(a) The county school boards of all counties 

of the state are authorized and required; to consolidate by order of said board each dormant school 

district within the county with an adjoining dlatrlct or districts. 

"(0) Elections shall be held when required by 

law In such conaoll.dated di'atricta for ,the assumption 

i%-hutatandlng~bonda, If any for the levying of 

taxes therefo'r, and for the ievylng of a local ,elntenance tax." (emphasis added) 

The oonaolldatlon of any dormant school district with an 

Independent school district will result In an Independent school 

dlatrlct, (Sections 19.236, 19.237, 19.238, 19.240, 19.241, 

19.242, Texas Education Code) and consequently the question of 

taxi and bond assumption elections In these cases la controlled 

by Section 3-b of Article VII, Constitution of Texas. 

Any other combination of school districts required to be 

consolidated under the provisions of Section 16.80(a) of the 

Code, are required to hold the election called for In subsection 

I of that Section where the resultant district la,not lndapendent In nature. 

SUMMARY 

Where there la any change in the boundaries of an 

Independent school dlatrlct, there la no requirement 

that an,electlon be held.,to assume the outstanding 

bond or other lndebtednsaa of the district as It 

existed prior to the consolidation or annexation, nor 

la there any requirement that a bond or maintenance tax 

be voted. This same rule applies where consolidation 

of school districts la effected under the provlalona of 

Section 16.80(a) of the Texas Education Code and the 

resultant district la Independent In nature. An election 

1s required In those altua$lona where the resultant 

school district la other than independent in nature. 

Article VII Section 3-b, Constitution of Texas as 

amended, p&alla over Sections 19.243(a) and 14.461, 

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Dr. J. W. Edgar, Page 4 (M-677) 

Texas Education Code to the e 

.?F 

nt of conflict. 

Prepared by Robert B. Davis 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Dyer Moore 

Ralph Rash 

Houghton Brownlee 

John Reeves 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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