THE ATTQBRNEY GENERAL Q,P TEXAS

CmWPORD C. MARTIN AUBTIN. - 78711 ARORNISY CaEnERAl. August28, 1970

Dr. J. W. Edgar Commissionerof Education 201 Eiaat

Eleventh Street Austin,

### Texas 78711 Opinion No. M-677
Re: Whether Section 3-b of Article 

### VIIof theTexasConatltution, as amended in 

### 1966,obviates the necessity to hold an election in Independent school diatrlota

### wherethere 

### haabeen 

### a changeIn theboundariesby annexation

### or consolidationto determine whether the resultant district shall aaaume any outstandingbonds aa well as levy bond and maintenance taxea therein. Whether Section 

### 16.80e)of the Texas Rducation Code Acts 

### 61st Leg.,R.S. 1969, ch. H89, p.2709) requires that an electionbe held for the assumption of outstanding bonda, If any, and ttbu levying of bond and maintenance taxes as an incident to any consolidationeffectedunder +he provlalonsof 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 connectionwith school consolidationand annexationmatters and the neceaaary adjustment of bonded Indebtedness in connection therewithwe will first conalder the application of Section 2- b of ArticleVII of the Constitutionof 

### Texas,as amended In 196 ,and Its relation to Independent school d.latrlcta. The pertinentparta of the above mentioned conatltutlonal provisionreads as followa:

"No tax for the maintenance of public free achoola voted In any independentschool 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)

Invalidatedby 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 propertywithin the bsundarlea of the district as changed, for the purpoaa of the maintenance of public free schools and the payment of principalof and Interestdn'all bonded Indebtednessoutstanding against, or attrlbutable, adjusted or allocated to, such district or territory therein, , . ." (emphasisadded) The language above cited clearlydeals with any boundary changes In Independent school districts, either by consolidationof 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 provisionabove 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. (emphasisadded) Section 19.243(a) of subchapterH of the Code, dealing exclusivelywith 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 determinewhether or not the consolidateddistrict shall assume and pay off the outstanding bonds, and levy a tax therefor." The proposition that constitutionalprovisionsare 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 .withoutlegal effect. 194, /16 Am..Jur.2d., ConstltutlonalLaw page 457/ In our situation the above provisionscould impose no requirementson 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. -32'36-. . -

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

When dealingwith the election question In conaolld8tion cases lnvolvln dormant school districtsunder the provlalonaof Section 16.80 a) (e)of the Texas Education Code, the nature of the resultant school district would control. The salient provlalonaof 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 requiredby law In such conaoll.dated di'atrictafor ,theassumption i%-hutatandlng~bonda, If any for the levying of taxes therefo'r,

and for the ievylng of a local ,elntenance tax." (emphasisadded) The oonaolldatlonof any dormant schooldistrict 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, Constitutionof Texas. Any other combination of school districts required to be consolidatedunder the provisions of Section 16.80(a) of the Code, are required to hold the election called for In subsection I of that Sectionwhere the resultantdistrict 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,electlonbe held.,to assume the outstanding bond or other lndebtednsaaof 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 effectedunder the provlalonaof Section 16.80(a) of the Texas Education Code and the resultant district la Independent In nature. An election 1s required In those altua$lonawhere the resultant school district la other than independent in nature. Article VII Section 3-b, Constitutionof Texas as amended, p&alla over Sections 19.243(a)and 14.461, -3237-Dr. J. W. Edgar, Page 4 (M-677)

Texas Education Code to the e.?Fnt of conflict.

Prepared by RobertB. 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 ExecutiveAssistant
NOLA WHITE First Assistant

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