- ,

E OIRNEY GENERAL EXAS *

August 5, 1949

Hon. Jas. M. Simpson, Sr. opinion MO.v-874, County Attorney Rer ThevallcJlty of an coneho FeMty order by the County Eden, Texan Board of Sohool Trustoes to consolidate the Conah County portion OSa dormant ixnxntp-line common school dlstrlot wlth a rural high sohool Dear Siri aistrict.

We rots* tQyotkb*0@tie0t for Quropinlen aa to the validity of anorder 0%’the County Board OSSob001 Trusteea, Con&o County, acting under .rtlcle VIII, S.B. 116, 518%Legislature, consolidating that part of.Salt GapCounty-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 CapCounty-Line School Dlstriot (of Gonoho andMoCuliooh 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 ,Gountyon 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, maybe aonsolfdated dth anadjoining district or. dlstrlcte under the provielone of Article 2806, V.C.So, provided a oounty board has not previous1 such dormant district with anadjoining dI consolidated strict underHon. 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 aonsummatedunder Sections !Ta andSb o!’ Article 27&b, and Article 2743, V.G.S.

Article 2806, as emendedby H.B. 828, 49th Legls,lature, provides In part:

” whsnit 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 jurlssoiti 001 of each district and the robults of the electlon ahall bo oanvassed andaeqlamd by the Gommlsslonera' Court of said County.” Se. also like provisions In Article 27&b, Section 9, V.C.S. Whenthe orders were passed creating the Salt GapCounty-Line District and the Melvin County-Line Dlstriot, it was then determined which one county should manageand 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 hadjurisdiction of the schools in the Salt ffap, County Lisa andthe Melvin County Line Districts, its County Judge wasauthorized 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

130S.W.2de,1038 (Tex. k. judg )* Donadson 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 Gapdlstrlot hav-Hmn.Jaa. Y. Simpron, 

### Sr.‘~,pige 3 

### W-874)

lng boom

_

goarolldatod by an l lmotlom with an ao,tlvo adpuxpoomof Artiolm VIXI has bein of C&oSalt GapCounty ‘LimoDlstl’tat ljsag la Gphe GmWy was the+maftmr ~nolonger **in** etistaaem **ep** dormant” **and** would not **nmw bm** rubjeot ta **an** Artlgl) **VIII% ooarmltdrtlolp**  order of the Gonoho CoumtyWard,

For the paawtn stated in tho above paragraph, andbecause this oonseIldation is not madeunder S.B. 116, the provisloma of S.B. 13.6reatrlotln& oonsolidatloa of 80-t aeumtf limo aohool distriotr to torrltesy iJl&$ *thin t&e County are not applicable. Artlole VIII of S.& 

### 1~6provldaar

**“ If**  **a county**  $1~ dlrtiGt **Is** or **be** aomoe dormant

. . ., the 

### prevlrlmu 0Pthla Aot ahall apply andbo followed

. . . to the extent of the tmrrltory in each rmsnmctive 00unty.” That sameSection further provides, howovor, that:
"The tion - .provlalons horela Par tha oomeollda**of** Waool **dirtfiotr by**  **ordrr of**  **the** county Board 0ZTiwatoma ? a
. ahall riot bmconstrued to repeal, uuperrode or limit any mxl8tlog l

tatuto methods for othool diutr rrovldlng *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



### 399, E 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.

TheSalt GapCounty Line School Dlstrlot, tkmYmlrln County LIM Gonaolidated Indopendont Sobool District (under the jurlsdlotion of McGulloch County) and the Whiteland Common School District located in MoGulloch County, having boon esnsolldatmdon June 14, 

### 1949, by an olw$tlofi held in coaformanae Mt$aArtlolm 2806, V.,G.S.,in Conoho County dth igh School Dltitriot in the .wnmoounty Is invalid. A.G, Opinion No. V-866. Very truly yours, ATTORNEYGEHEJRAL

OFTEXAS

CEO:bh:a 

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Cheater $. Ollison

Assistant