**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Honorable Henry C. Kyle CountyAttorney Rays county San Harcos, Texas
Dear Sir: Opinion Ho. O-7172 /J Ret Does the Board of Trust&e;\of the 3a.n

Wsrcos Independs+ School District bave.authoRity to deslgmte that tmwes 'mm for certain plec&.Qn the School Bw

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**‘ \,**  **//** We have for e~t&lon ioubrrequest for"en opinion on the ebovepr$ject, Yqw'leW'r reads in part aa follovsr ,A /' /.,< ,/

/'of

## thesell

Mrcos saed a resolution

'de San Harcos Independent School a rurnl Ngh school district estabvith Chapter 19A, Rksed CiviYStatutes of 1925, created by annexing **on6 OF**  more common school districts to au independent schooldistrict.

. . . 'l&y the Board of Trustees of the San Marcos Independent School District, n rural high school district, designate that Trusteea run for certain **designated places**  end declnre that the pemons receivlug the highest number of votes for the

ì0 6oYYYw,clnol4 IS TO qI CON,TRî LD *.A DL,AInaBNnL c.PII(IOH UNLESS APPROVLD Bî TIM &TTOONLî CmdTI*L om ,IR.l AS.IUANIIion. Henry C. Kyle - Page 2

respectiveplaces be entitled to serve 88 Trustees rather than the three (2). or four (!,I,

candidatea receiving the la,rgest number of votes, irrespective of such places, be entitled to serve as TNstees?*

Article 2922 (e),,Vemon's Annotated Clrll Statutes provides for method of oontrol of Rural High School District. Pertinentprovisions of the article are as follows:

"The control and managemen; of the school* of a rwal high schooldistrict, estebliehed under the p~o~Lslona of this Act, shell be vested in a board of seven trmatees, elected by the quallfled voters of the aald district nt large, who shallbe elected end serve in accordance YLth the provisions of Oeneral 7%~ relative to c-on schooldistricts, except as may ba othemrlseprovided herein;

. . . Pour of said trustees shallbe elected each odd number of years and three on each even number of years on the first SatuFdey in April. The trustees of the first board shall drav for terms."

**Article 2922**  (b),Vernon's Annotated Statutes sets up a classification for rwal Ngh school districta. We quote the artiale below:

"Ruralhigh eohool districts aa provided for in the preceding article shallbe classed as common schooldlstrlcta, end **all** other districts, whether C~LUWII

or independent, composing such rural high school district shall be referred to in this Act as elementary schooldistricts! provided that all independent schooldistricts enlargedby the **annarat~on** thereto of one or more common schooldistricts as provlded for in Article 2922a shall retain its scatusand name as an independent school district, and shall
**COnthUe to**  **operate as**  nn independent school dis&pict under the provisions of the existing lavs and the lays hereafter enacted govern3g other independent school districts, except Rs otherviseprovided for nemi;l." ‘(Underscoring

ours).
We believe the eneral lnv governing the **election** of trustees for independent schoo %cts **is found**  in **Article**Bon. Hary C. Kyle - Page 3

2777, Vernon's Annotated Statutes, and that the provisiona of this article shouldbe applied to the method of election of trustees in Rural High School Districts despite the prorisiona of Articles 2922(e) and 2745. Article 2745 contemplates the election of three trustees for a common school distriot. In the oam et hand ve have the eleotion of a board of seven trusteer In question. Article 2922(b) states that the dlatrlct uhen enlargedby the annexation thereto of one or more common schooldistricts shall retein its status es an independent schooldlstrlct and "continue to operate as an independent school district under the provisions of existing levs and the lava hereafter enacted governing other independent schooldistrlctr, except es othervise provided for herein.*
Article 2777 provldasl

"The seven oandidatee receiving the largest number of votee at the first electIon, and the three or four candidates receiving the largest number 09 votes et all subeequent elections. shallbe entitled to serye es trusteeshereunder. T\)oeeelected et the first election shalldetermlne by lot the term for vhich they are to serve, The four members dravlng numbers one, tvo, three and fowshall serve for one year, end the threemembers drawing thenumbers five, six and seven shall serve tvo gears, or until the second of April thereeftir,end until their succeaaorsore eleated and qualified) and regulerlg thereafter on the flrst,Saturday In April of each year, four trusteesand three trustees, alternately, shall be eleoted for a term of two yearn. to succeed the trusteeswhose term shall at that tlti expire. The members of the board remaining after a vacancy shall fill the same for the unexpired term." (Underscoringours). .r1 We have found no statute that would authorize the Bosrd of Trustees of a rural high sohool to designate the pieces for which an individual candidatemust run, end in the absence of such, it is **our** opinion that the three **or** four candidatesHon. Henry C. Kyle - Pnge 4

receiving the largest number of votes should be declared elected In accordancevlth the provisions of Article 2777.

Trusting the above satisfactorilyansvers your question, ve sre
Yours very truly
ATTORHX OlZlfERAL

OF TEXAS

Z. 2-t. Dedeurin Assistant