OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Henry C. Kyle 

County Attorney 

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 _I I lo... " .,~, 

,’ ,,.- 1 

‘x, \ 

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We have for e~t&lon ioubrrequest for"en 

opinion on the ebove pr$ject, Yqw'leW'r reads in part 

aa follovsr ,A /' /.,< ,/ 

/' 

of the sell 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 

school district. 

. . . 

'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 6o YYYw,c lno l4 IS TO q I CON,TRîLD *. A DL,AIna BNnL c .PII(IUNLESS OH APPR OVLD Bî TIM & TTOONLî CmdTI*L o m ,IR.l AS.IUANI 
Iion. Henry C. Kyle - Page 2 

respective places 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. Pertinent provisions of the article are as follows: 

"The control and managemen; of the 

school* of a rwal high school district, 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 shall be elected end serve in accordance YLth the provisions of Oeneral 7%~ relative 

to c-on school districts, except as may ba 

othemrlse provided herein; . . . Pour of said 

trustees shall be 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: 

"Rural high eohool districts aa provided 

for in the preceding article shall be classed as 

common school dlstrlcta, end all other districts, 

whether C~LUWII or independent, composing such rural 

high school district shall be referred to in this 

Act as elementary school districts! provided that all 

independent school districts enlarged by the annarat~on 

thereto of one or more common school districts as provlded for in Article 2922a shall retain its scatus and 

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 othervise provided 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 should be 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 enlarged by the annexation thereto of one 

or more common school districts shall retein its status es 

an independent school dlstrlct and "continue to operate as an 

independent school district under the provisions of existing 

levs and the lava hereafter enacted governing other independent school distrlctr, 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. shall be entitled to serye 

es trustees hereunder. T\)oee elected et the first 

election shall determlne 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 three members drawing the numbers five, six and 

seven shall serve tvo gears, or until the second of 

April thereeftir, end until their succeaaors ore 

eleated and qualified) and regulerlg thereafter on the 

flrst,Saturday In April of each year, four trustees and 

three trustees, alternately, shall be eleoted for a 

term of two yearn. to succeed the trustees whose term 

shall at that tlti expire. The members of the board 

remaining after a vacancy shall fill the same for the 

unexpired term." (Underscoring ours). 

.r 1 

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 candidate must run, end in the absence 

of such, it is our opinion that the three or four candidates 
Hon. Henry C. Kyle - Pnge 4 

receiving the largest number of votes should be declared 

elected In accordance vlth the provisions of Article 2777. 

Trusting the above satisfactorily ansvers your 

question, ve sre 

Yours very truly 

ATTORHX OlZlfERAL OF TEXAS 

Z. 2-t. Dedeurin 

Assistant