Honorable Frank B. Lloyd

District Attorney 79th JudicialDistrict of Texas Alice, Texas

Dear Mr. Lloyd: OpinionNo. O-599

Re: Statutorymethod for detaching territory from Independent School Districts (Article

### 27&P).

Your recent letter concerning theAlice IndependentSchool District submits the following inquiry:

"The Alice Independent SchoolDistrict does not coma under the jurisdictionof 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 jurisdictionof the County Board

"It has been preposed to cut off a part of the Alice Independent SchoolDistrict and attach the same to the Alfred Independent SchoolDistrict, and cut off another portion of theAlice IndependentSchool District and attach it to theArmagosa Common School District. I have checked the statutes and the decisions of the Courts and have been unable to satisfymyself as to the procedure.

"I have a copy of your opinionNo. O-4238which is an interpretation of ArticlesNo. 27@e and 27&f. By reason of the holding of the Supreme Court in the County School Trustees of Orange County case that ArticlesNo. 27&e and 27&2f must be construed together, it seems doubtful that the County Board of Trusteeswill have jurisdictionto detach the property from the Alice IndependentSchool District as above proposed.

"I have examinedArticleNo. 2766 of the Revised Civil Statutes and this does not seem to apply, expeciallyby
reason of the fact that the last sentence of thatArticle prohibits any change thatwould reduce the taxablevalue of property in any independentdistrict againstwhich there
are outstandingbonds issued. The Alice IndependentSchool District, of course,has outstandingbonds.Hon. Frank B. Lloyd, p. 2 (O-5992)

"Iwish **you** would advise me if in your Opinion there iS a statutorymethod for detaching the property from the Alice IndependentSchool District as above suggested.

Section 1 and 2 of Article 27@f, Vernon's Civil Statutes, (Chapter47, 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 commonboundary 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 territoryand provided, further, thatwhere the territory to be detached exceeds ten per cent (lC$)of the entire district the petitionmust be signedby a majority of the trusteesof 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 qualifiedvoters residing in the said territory so detached. Upon receipt of the said petition, duly siGned, and upon notice of the approval of the proposed annexationby the Board of Trustees of the district towhich the territory is to be added, the County Board of Trustees shall pass an order transferring the said territory and redefining theboundaries 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 thannine squaremiles.

'I* * * *

"Section 2. Any outstanding indebtedness affectedby changes in theboundaries of school districts shall be adjustedbp 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 detachmentof territory from independent school districts,with or without bonded indebtedness, in the same measure as it is applicable to common school districts. Prcsper IndependentSchool 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 invalidityof the Act which attempted to repeal the statute above quoted,Article 27&f, supra, is still the effective Legislationupon the subjectmatter 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-fGEKERALOF TEKAS
s/ GaynorKendall

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