April 7. 1987 xi? + 

,+ffirmed by .._...._._..__..................... 

t 

_-’ 

Eonorable Bill Haley Opinion No. JR-670 

Chairman 

Public Education Committee Re: Applicability of section 19.022 

Texas House of Representatives of the Texas Education Code to a 

P. 0. Box 2910 proposal to transfer 1200 resideuAustin, Texas 78769 tial units from one school district 

to another 

Dear Representative Raley: 

Your inquiry as to the applicability of section 19.022 of the 

Texas Education Code is prompted by a proposal to transfer 1200 

residential units from the Dallas Independent School District 

[D.I.S.D.] to the Richardson Independent School District [R.I.S.D.]. 

Section 19.022. subchapter B, 'Detachment; Annexation." provides: 

(a) In accordance with this section, territory 

may be detached from a school district and annexed 

to another school district that is contiguous to 

the detached territory. A petition requesting the 

detachment and annexation must be presented to the 

commissioners court of the county to which the 

receiving district is assigned for administration 

purposes by the Central Education Agency and to the 

cmissioners court of the county to which the 

district from which the territory to be detached is 

assigned for administration purposea. Each 

commissioners court to which a petition is required 

to be presented must conduct a hearing and enter an 

order as provided by this section for the annexation to be effective. 

(b) The petition requesting detachment and 

annexation must: 

(1) be signed by a majority of the registered voters residing in the territory to be 

detached from one district and added to the 

other; and 

(2) give the metes and bounds of the 

rerritory co be detached from one district and 

added to the other. 

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Honorable Bill Haley - Page 2 (JM-670) 

(c) The proposed annexation must be approved by 

a majority of the board of trustees of the 

receiving district. 

(d) Unless the petition is signed by a majority 

of the trustees of the district from which the 

territory is to be detached, territory may not be 

detached from a school district under this section 

if detachment would reduce that district's tax base 

by d ratio at least twice as large as the ratio by 

vhich it would reduce its membership. The first 

ratio is determined by dividing the assessed value 

of taxable property in the affected territory by 

the assessed value of all taxable property in the 

district, both figures according to the preceding 

year’s tax rolls. The second ratio is determined 

by dividing the number of students residing in 

the affected territory by the number of students 

residing iu the district as a whole, using membership 0x1 the last day of the preceding school year 

sod the students' places of residence as of that 

date. 

(a) A school district may not be reduced to an 

area of less than nine square miles. 

(f) Immediately folloving receipt of the petition and notice of the approval as required by this 

section, the commissioners court shall give uocice 

of the contemplated change by publishing and 

posting a notice in the manner required for an 

election order under Section 19.003 of this code. 

In addition. the commissioners court shall give 

written notice to the trustees of each affected 

district. The notlce must specify the place and 

date at which a hearing on the matter shall be 

held. At the hearing, affected persons, including 

the trustees of affected districts, are entitled to 

an opportunity to be heard. 

(g) AC the hearing, the commissioners court 

shall consider the social, economic, and educational effects of the proposed annexation. After 

the conclusion of the hearing, the commissioners 

court shall make findings as to the social, 

economic, and educational effects and shall, on the 

basis of those findings. adopt an order rejecting 

the petition or transferring the territory and 

redefining the boundaries of the districts affected 

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Honorable Bill Raley - Page 3 (JM-670) 

by the transfer. The findings and order shall be 

recorded in the minutes of the court. 

(h) Title to all real property of the annexed 

district within the territory annexed vests in the 

receiving district, and the receiving district 

assumes and is liable for any portion of the 

annexed district's indebtedness that is allocated 

to the receiving district under Section 19.004 of 

this code. 

Factual information accompanying your inquiry reflects that the 

petitioners are residents of a "relatively small isolated area" in the 

D.I.S.D. It is the "only [area] in the entire D.I.S.D. in which 

children in kindergarten up to the 4th grade are bused over crowded 

streets to schools which are located more than 7 miles from our area. 

Yet, next door to our area are ample R.I.S.D. schools which are not 

being fully urilised, and R.I.S.D. officials have indicated their 

willingness to have our area annexed to their district." Petitioners. 

pursuant to the provisions of section 19.022. prepared and presented 

their petition to the Dallas County Colmmissioners Court asking that 

the area in question be annexed to the Richardson Independent School 

District. Upon approval of the petition, the Commissioners Court of 

Dallas County. in accordance with the requirements of section 19.022, 

gave notice of the contemplated change to the trustees of the affected 

districts. Subsequently. "a representative of D.I.S.D. informed us 

and others in writing that in his opinion section 19.022 did not apply 

but rather section 19.008 which requires D.I.S.D. as well as R.I.S.D. 

approval, and that such was not likely." 

You state that the receiving district had originally indicated 

its approval, but in light of the action by D.I.S.D. trustees, the 

trustees of the R.I.S.D. have become reluctant to consider sane before 

the "approval by D.I.S.D." 

Section 19.008. subchapter A, "General Provisions," provides in 

pertinent part: 

(a) & change in the boundaries of an independent school district governed by an elective 

board of nine members and located in a county 

having a population of 100.000 or more is not 

effective unless approved by a majority of the 

board of trustees of the district. (Emphasis 

added). 

Chapter 19 of the Texas Education Code was amended by Eouse Bill 

No. 634, Acts 1983. 68th Leg., ch. 285. at 1380. eff. Sept. 1. 1983. 

The bill stated that chapter 19. as amended, was to be "a substantive 

p. 3069 
Eonorable Bill Haley - Page 4 (JM-670) 

revision of the laws concerning creation, consolidation and abolition 

of school districts." Included therein are sections 19.022 and 19.008 

which give rise to the issue addressed in your inquiry. 

Sections 19.022 and 19.008, being part of the same act by the 

Sixty-eighth Legislature, a well knowo rule of construction set forth 

in Attorney General Opinion M-650 (1970) is applicable. There it was 

stated: 

'Another fundamental rule requires that a 

statute be construed as a whole and that all of 

its parts be harmonized if possible, so as to give 

effect to the entire act according to the evident 

iutention of the legislature. . . . [T]he Court 

will endeavor to reconcile the various provisions 

of the act, insofar as they may appear to be 

conflicting or inconsistent, to the end that the 

enactment and every word, phrase, clause, and 

sentence may have its proper effect. 

Each part of the statute is to be considered in 

connection tith every other part and with the 

entire enactment, in order to produce a harmonious 

whole and to reach the true legislative intent. 

Thus, in case of doubt as to the meaning of a 

particular word, clause, provisions, or section, 

it is to be viewed in the light of all the 

language employed. It follows that a provision 

will not be given a meaning out of harmony with 

other provisions and tnconsistent with the purpose 

of the act, although it would be susceptible of 

such construction standing alone.' 53 Tex. hr. 

2d 229-32, Statutes, Sec. 160. 

In an attempt to harmonize the two sections, we must construe chapter 

19 as a whole in arriving at the intent of the legislature. Applying 

this analysis, it is our opinion that section 19.008 provides an 

exception to section 19.022 in that before any changes can be made in 

the boundaries of a school district coming withiu the provisions of 

section 19.008. a majority of the trustees of chat district must give 

its approval. An exception, as a general rule, is strictly construed 

and applied. Sea Attorney General Opinion M-507 (1969). 

The territory sought to be detached under section 19.022 is in 

the Dallas Independent School District. This is a school district 

governed by a board of nine elective members and located in a county 

having a population of more than 100,000. Thus, the Dallas Independent School District comes within the provision of section 19.008 and 

p. 3070 
Honorable Bill Haley - Page 5 (JM-670) 

a majority 'of its board of trustees must approve any action which 

results in any change in the boundaries of the district. 

SUMMARY 

Before a transfer of "1200 residential units" 

can be made from the Dallas Independent School 

District to the Richardson Independent School 

District by detachment and annexation of territory 

under section 19.022 of the Texas Education Code, 

a majority of the board of trustees of the Dallas 

Independent School District, in accordance with 

the provisions of section 19.008 of the Texas 

Education Code, must give its approval. 

J:$(&@ 

JIM MATTOX 

Attorney General of Texas 

JACREIGRTOWgR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE ST'EARLgT 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

p. 3071