- , 

E OIRNEY GENERAL 

EXAS 

* 

August 5, 1949 

Hon. Jas. M. Simpson, Sr. opinion MO. v-874, 

County Attorney Rer The vallcJlty of an 

coneho FeMty order by the County 

Eden, Texan Board of Sohool Trustoes to consolidate 

the Conah County 

portion OS a dormant 

ixnxntp-line common 

school dlstrlot wlth 

a rural high sohool 

Dear Sir i aistrict. 

We rots* tQ yotkb *0@tie0t for Qur opinlen aa to 

the validity of an order 0%’ the County Board OS Sob001 

Trusteea, Con&o County, acting under .rtlcle VIII, S.B. 

116, 518% Legislature, consolidating that part of.Salt 

Gap County-Line Common School District (determined to be 

‘ndormant’~ under S.B. 116) lying in Concho County, with 

the adjoining llllersvlew Rural High School Dletrlct, 

lying in Goneho County. 

The ioIlowlng laots are reflected in your submitted copy of tbe,Goneho County School Board order 

passed on July, 6, 1949. It shows that an election was 

held on Jung 31, 3949, in Salt Cap County-Line School 

Dlstriot (of Gonoho and MoCuliooh Counties), Melvin Gounty Llna Gonsolldated Indepsndent Sohool Dlstrlct (of 

G&a&o md YeGuIlooh Counties), r*d Yfhiteland Common 

Sahaol Dletrlet (of’ YcCullooh.County) for the consolldatlon of the three districts named; and the Gommlsslonersf Court of McGulloeh ,Gounty on June 14, 1949, canvassed the returns thereof and declared the election carried 

in iaoh of said districta, and Issued an order consolldating the three dlstrlotr named. 

In Attorney General Opinion No. v-866 construing Article VIII, S.B. 116, slat Legislatuw, this office held that a edor!@nt dlstriot? as defined in S.B. 

116, may be aonsolfdated dth an adjoining district or. 

dlstrlcte under the provielone of Article 2806, V.C.So, 

provided a oounty board has not previous1 

such dormant district with an adjoining d I 

consolidated 

strict under 
Hon. Jan. M. Simpson, Sr., page 2 (V 874) 

the authority granted it in Article VIII. For the reasons therein set out, that holding would apply also to 

consoIldation proaeedlngs aonsummated under Sections !Ta 

and Sb o!’ Article 27&b, and Article 2743, V.G.S. 

Article 2806, as emended by H.B. 828, 49th 

Legls,lature, provides In part: 

” whsn it is 

date &$uous E 

reposed to consolicounty- lne districts, the 

petitions and election orders prescribed in 

thla Act shall be addressed to and Issued by 

the County Judge of the count 

dlotion over the principal 

having jurlsso iti 001 of each 

district and the robults of the electlon ahall 

bo oanvassed and aeqlamd by the Gommlsslonera' Court of said County.” 

Se. also like provisions In Article 27&b, Section 9, 

V.C.S. 

When the orders were passed creating the Salt 

Gap County-Line District and the Melvin County-Line Dlstriot, it was then determined which one county should 

manage and control, that is, have jurisdiction over, the 

public schools therein. 

Article 2743, V.C.S. 

Article 27&b, Section Sa, and 

If, therefore, inview of the noted provlelons 

of Article 2806 and Section 5b of Article 27&b, McGulloch County had jurisdiction of the schools in the Salt 

ffap, County Lisa and the Melvin County Line Districts, 

its County Judge was authorized on proper petition to 

call the election and its Commissioners* Court was authorized to canvass the results of the election to consolidate those two county line districts with the Whlten McGulloch County, m 

130 S.W.2de,1038 (Tex. 

k. judg )* Dona dson v 

App. i9&.2+&3? 

ha situation, coupled 

tlon eleotlon was oalled prior to the action of the Gonoho County School Board 

and carried as prescribed by law, then the election consolidation (June 14) prevails over the subsequent order 

(July ,6) of the Con&o County Board purporting to act 

under Article VIII, S.B. 116. The Salt Gap dlstrlot hav- 
Hmn. Jaa. Y. Simpron, Sr.‘~, pige 3 W-874) 

lng boom _ goarolldatod by an l lmotlom with an ao,tlvo adpuxpoom of Artiolm VIXI has bein 

of C&o Salt Gap County ‘Limo Dlstl’tat ljsag la Gphe GmWy was the+maftmr ~no longer 

in etistaaem ep dormant” and would not nmw bm rubjeot 

ta an Artlgl) VIII% ooarmltdrtlolp order of the Gonoho 

Coumty Ward, 

For the paawtn stated in tho above paragraph, 

and because this oonseIldation is not made under S.B. 

116, the provisloma of S.B. 13.6 reatrlotln& oonsolidatloa of 80-t aeumtf limo aohool distriotr to torrltesy iJl&$ *thin t&e County are not applicable. Artlole VIII of S.& 1~6 provldaar 

“If a county $1~ dlrtiGt Is or beaomoe dormant . . ., the prevlrlmu 0P thla 

Aot ahall apply and bo followed . . . to 

the extent of the tmrrltory in each rmsnmctive 00unty.” 

That same Section further provides, howovor, 

that: 

"The 

tion 

- . 

provlalons horela Par tha oomeolldaof Waool dirtfiotr by ordrr of the 

county Board 0Z Tiwatoma ? a . ahall riot 

bm construed to repeal, uuperrode or limit any mxl8tlog l tatuto 

methods for othool diutr r 

rovldlng *thmr 

at oonaolldatlon 

aad aakwxatloa." 

Thoreforo, it 18 our opinion that the order of 

tho Conoho Goumt~ 

dated July 6, 

school board, considered heFeiA and 

39 E 9, io invalid and of no effect. This 

opinion construes only, the validity of the’ order submitted fox consideration and the queatloa pxrsentea, Ir, the 

light of t&e tcata l uM%ttod and thoro herein pl?oaU*od. 

The Salt Gap County Line School Dlstrlot, tkm Ymlrln County LIM Gonaolidated 

Indopendont Sobool District (under the jurlsdlotion of McGulloch County) and the 

Whiteland Common School District located 

in MoGulloch County, having boon esnsolldatmd on June 14, 1949, by an olw$tlofi held 

in coaformanae Mt$a Artlolm 2806, V.,G.S., 
in Conoho County dth 

igh School Dltitriot in 

the .wnm oounty Is invalid. A.G, Opinion 

No. V-866. 

Very truly yours, 

ATTORNEYGEHEJRAL OFTEXAS 

CEO:bh:a 

,e7’0- 

Cheater $. Ollison 

Assistant