THXCA~ITORNEY GENERAL 

OF -XAS 

Hondriible Dave McXVeill, Jr. 

County AttotiheyJ. Shelby County 

Center,,.Tsxas ,. _ 

; 

Dear Sir; Opinion ~0~.,~0~~911 -” ‘- ‘- -’ 

Ret Does..a oommon school district 

^. . which transfers its, entire 

scholastic enrollment’to an accredited school of higher rank 

by one-year contracts for three 

consecutive years thereby consoli,date with the receiving 

school, and related questions? 

We acknowledge receipt of your letter of March 

2, 1944, lnwhioh you request an opinion of this department 

on the following questions; 

“1. Does a common school district which 

transfers its entire scholastic enrollment to 

an accredited school of higher rank by oneyear contracts for three consecutive years 

thereby consolidate with the receiving school? 

“2. Does the County Board of Trustees 

have the authority to consolidate a common school 

district with its receiving school in the state 

of facts outlined in Number 1. 

“3. where an election is held within a 

common school district for the purpose of electing school trustees for such school district, 

what length of time must a voter reside in such 

common school district in order to qualify him 

to vote in the election?” 

. 
_ -. . 

Hon. Dave. McNeill, Jr. page 2 O-5911 

pour first two questions are, no doubt. prompted 

by the provisions of Article 8, Ch. 373, of the aural Aid 

Bill for 19 (Acts 1943, 48th Lag. R. S., 8, B. 176). 

Section 1 o Article 8 reads, in part, as,,foilows: _ 

"Upon the agreement of the board of 

trustees of the districts concerned or on 

petition signed by a majority of the qualified voters of the district and subject to 

the approval of the county superintendent 

and the State Auperintendent, a district which 

may be unable to maintain a satisfactory school 

may transfer its entire scholastic, enrollment 

for one year to an accredited school of higher 

rank. a .' 

This*provision authorized under certain circumstances the transfer of one school district's entire scholastic 

enrollment for one year to an accredited school of higher rank, 

but it does not authorize the legal consolidation of districts. 

Article 2896, R. S. 1925, sets out the procedure for consolidating districtsand provides for the calling and holding of 

an election for such purpose in each of the districts to be 

affected by the consolidation. The County Board of ‘rustees 

as such have no statutory authority to effect a consolidation 

of school districts without a vote of the people in each of 

the districts affected. 

We, therefore, answer 

in the negative. 

The qualffications of 

your first two questions 

voters in elections In _ - ._ . - 

common school districts for the purppse of electing son001 

trustees for such school districts are governed by Section 2, 

Article 6 of the Constitution of Texas, which reads-in part 

as followsr 

"Every person subject to none of the fore- * 

going,disqualifications, who shall have attained the age of 21 years and who shall be a 

citizen of the United States and who shall have 

resided in this State one year next preceding 

an election and the last six months within the 

district or county in which such person offer; 

to vote, shall be deemed a qualified elector; 
Hon. Dave McNeill, Jr. page 3 O-5911 

Although there are certain constitutional and 

statutory provisions requiring an elector to vote in the 

election precinct of his residence, there is no required 

length of time for such residence as a,,qualification for 

voting in a schocl trustee election in a common school 

district. Shaw V. Taylor, 146 9. WN. (2) 452. 

Trusting'that the foregoing answers your inquiries, we are 

Your.8 very truly 

ATTORNEY GENERAL OF TEXAS 

,~ .- .,~ ,.,. 

BY Pagan Dickson 

Assistant 

FDsBT/pam 

- ,. . , 

APPROVED MAR 8 1944 

GEo..~P, .BSrAFKBURN ACTING 

ATTORNEY GENERAL OF ,TEXAS 

ii'i'i6iED O$iiiON &tii~T~ 

BY BWB, CHAIRMAN