April 1, 1974 

The Honorable J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

201 E.” Eleventh Street 

Austin, Texas 78701 

Dear Dr. Edgar: 

Opinion No. H- 266 

Re: Whether ISD once having provided for a runoff election, 

must do so in each election 

thereafter 

In 1955 the Texas Legislature adopted Article 2775s-1, Vernon’s 

Texas Civil Statutea, authorizing the trustees of independent school 

districts to order that all candidatea for school trurtee be voted on by 

position and be designated on the ballot according to the number of the 

position which they sought. It further provided: 

“Once the Board of Truateen of an independent school 

district shall have adopted the foregoing procedure 

for electiopr, said Board of Trusteesbi their auccee- 

#ors may not rescind the action which adopted the 

foregoing procedure. ” 

Pursuant to this legislation, the Board of Trustees of the Abilene 

Independent School District resolved that its trustees would be 80 elected. 

Election wao on the basis of the winning candidate having a plurality of 

the votes. There were no runoff elections. 

In 1969, with the adoption of the Education Code, V. T. C. S., Article 

2775a-1 became $23. I1 of the Code. The language of Article 27758-l 

which we have quoted became Subsection (0 of 5 23.11: 

‘l(f) Once the board of trustees of an independent school 

district has adopted the provisions of this section, 

neither the board of truatees nor their Buccee#or# may 

rescind the action. ” 

p. 1248 
The Honorable ‘i. W. Edgar, page 2 (H-266) 

In 1971 by Acts 1971, 62nd Leg., ch. 760, p. 2410, effective 

August 30, 1971, $23.11 ~8s amended by adding to it Subsection (h): 

“(h) The board msy also provide by resolution, 

at least 60 days prior to the election, th8t if no c8ndid8te for 8 position receives 8 majority of the votes 

cast for that position the bo8rd will order 8 runoff 

election ,to be held not more th8n 30 d8ya 8fter the 

date of the first election. At that runoff~election, the 

n8mea of the two persons receiving the higheot number, of votes for that position in the first election~sh811 

be pl8ced on the bbllot. ” 

Pursubnt to this authority, the Borrd of Trustees of the Abilene 

District, in 1972 sdopted the following resolution: 

“BE IT FURTHER RESOLVED, that if in the election 

herein cslled,for April. 1, 1972, no: cbndidate for :8 

position on the. ballot ah811 receive 8 mrjor,ity of the 

votes cart’for’.auch position, the Bosrd of Educ8tio,n 

will order 8 runoff election to be held not more thrn 

thirty days after the dste of the first election, and th8t 

the names of the two perrons receiving the highest 

number of votes for that position in the first election 

shall be plrced on the brllot for the runoff election.” 

There has been no rimilbr resolution adopted with reference to 

the election to be held April 6, 1974. ,Youhsve asked: 

“Under the submitted facts. leg8lly must 8 runoff 

election be called in the April 1974 trustee election * 

of the Abilene school district, should 8 candidrte not 

receive 8 majority vote in 8 numbered position up 

for election. 

“St8ted 8nother way. where the district h8s once 

provided for 8 runoff election - even though limited 

p. 1249 
The Honorbble J. W. Edgar, p8ge 3 (H-266) 

by ite resolution to 8 p8rticul.r year - must it 

there8fter hold runoff elections in plur8lity vote 

oituationr. ” 

Our function ib to attempt to determine the intent of the Legirlrture. 

53 Tex. Jur. Zd, StatUtee, $125; p. 180 et seq. 

Subsection (f) refere to “the provisions of thin section.” “This 

aection” is § 23. Il. The 1971 Act rdopting Subsection (h) epecificrlly m8de 

it 8 part of 3 23.11. Therefore,‘re of the 1972 adoption of the resolution 

providing for 8 runoff by the Abilene Dietrict. Subsection (h) w8e one of 

the “proviaione of this section” which, once bdopted, there8fter could not 

be rescinded by action of the trueteer. 

It is our opinion, therefore, thrt, once h8ving adopted the provirionr 

of Subrection (h), even though itr reeolution referred epecificrlly to the 

1972 election, the Borrd of Trurteee of the Abilene Independent School 

District w8e withdut 8uthority to ch8ngc the rule 8nd that, in the 8brence 

of 8 court decision or rhtutory chmge, the elections of trueteen for’th8t 

dirtrict murt be determined in runoff eleciione if there is no m8jority on 

the firae b8llot. 

SUMWRY 

Once 8 echool district,, rubjstt to the provisionr 

of Article 27758-1, V. T. C.S., or 0 23.11, Educrtion 

Code, V. T. C. S. , h8e 8dopted 8 runoff 8e 8 merne of 

determining the election of itr trusteea. all ouch elections there8fter will be dttermined in that manner. ’ 

DAVID KENDALL, Ch8irm8n 

Opinion Committee 

p. 1250