Honorable Frank B. Lloyd 

District Attorney 

79th Judicial District of Texas 

Alice, Texas 

Dear Mr. Lloyd: Opinion No. O-599 

Re: Statutory method for detaching 

territory from Independent 

School Districts (Article 27&P). 

Your recent letter concerning the Alice Independent School District 

submits the following inquiry: 

"The Alice Independent School District does not coma under 

the jurisdiction of the County Board of Trustees for the 

reason it has morethan 500 scholastics. The Alfred Independent School District and also the Armagosa Common School 

District are under the jurisdiction of the County Board 

"It has been preposed to cut off a part of the Alice 

Independent School District and attach the same to the 

Alfred Independent School District, and cut off another 

portion of the Alice Independent School District and attach 

it to the Armagosa Common School District. I have checked 

the statutes and the decisions of the Courts and have 

been unable to satisfy myself as to the procedure. 

"I have a copy of your opinion No. O-4238 which is an interpretation of Articles No. 27@e and 27&f. By reason of 

the holding of the Supreme Court in the County School 

Trustees of Orange County case that Articles No. 27&e and 

27&2f must be construed together, it seems doubtful that 

the County Board of Trustees will have jurisdiction to detach 

the property from the Alice Independent School District as 

above proposed. 

"I have examined Article No. 2766 of the Revised Civil 

Statutes and this does not seem to apply, expecially by 

reason of the fact that the last sentence of that Article 

prohibits any change that would reduce the taxable value 

of property in any independent district against which there 

are outstanding bonds issued. The Alice Independent School 

District, of course, has outstanding bonds. 
Hon. Frank B. Lloyd, p. 2 (O-5992) 

"I wish you would advise me if in your Opinion there iS a 

statutory method for detaching the property from the Alice 

Independent School District as above suggested. 

Section 1 and 2 of Article 27@f, Vernon's Civil Statutes, (Chapter 47, 

Acts 1st CS. of 4lst Legislature) provide: 

"Section 1. In each county of this State the County Board 

of Trustees shall have the authority, when duly petitioned 

as herein provided, to detach from and annex to any school 

district territory contiguous to the common boundary line 

of the two districts; provided the Board of Trustees of the 

districttowhich the annexation is to be made approves, by 

majority vote, the proposed transfer of territory and 

provided, further, that where the territory to be detached 

exceeds ten per cent (lC$) of the entire district the 

petition must be signed by a majority of the trustees of 

said district in addition to a majority cf the qualified 

voters of the territory to be detached. The petition shall 

give the metes and bounds of the territory to be detached 

from the one and added to the other district and must be 

signed by a majority of the qualified voters residing in 

the said territory so detached. Upon receipt of the said 

petition, duly siGned, and upon notice of the approval of 

the proposed annexation by the Board of Trustees of the 

district to which the territory is to be added, the County 

Board of Trustees shall pass an order transferring the 

said territory and redefining the boundaries of the districts 

affected by said transfer, the said order to.be recorded 

in the Minutes of the County Board of Trustees. Provided 

that no school district shall be reduced to an area of 

less than nine square miles. 

'I* * * * 

"Section 2. Any outstanding indebtedness affected by 

changes in the boundaries of school districts shall be 

adjusted bp the County Board of Trustees as provided in 

Sections 10, 11 and 12, of Chapter 84, Acts of the 40th 

Legislature, First Called Session. Acts 1929, 4lst Leg., 

1st C. S ., p. 106, Ch. 47.” 

The quoted statute applies to the detachment of territory from independent school districts, with or without bonded indebtedness, in 

the same measure as it is applicable to common school districts. 

Prcsper Independent School District, et al., VS. Collin County 

School Trustees, et al., (Tex. Civ. App.) 51s. W. (2d) 748 

(affd., 58 5. W. (2d) 5). 
Hon. Frank B. Lloyd, p. 3 (O-5992) 

In view of the invalidity of the Act which attempted to repeal the 

statute above quoted, Article 27&f, supra, is still the effective 

Legislation upon the subject matter contained in its provisions. 

School Trustees of Orange County vs. District Trustees of Prairie 

View, C. S. D. NO. 8, 137, Tex. 125, 153 S. W. (2d) 434. 

Very truly yours 

AlT0BNE-f GEKERALOF TEKAS 

s/ Gaynor Kendall 

BY 

Gsynor Kendall 

Assistant 

GK:bb/ldw 

AET?OVED 

OPINION 

COMMITTEE 

BY 0. s. 

CHAIRMAN 

APPBOVED MAY 29, 1944 

s/ George P. Blackburn 

ACTING ATTORNEY - OF TEXAS