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 scholasticenrollment’toan accredited school of higher rank by one-year contracts for three consecutiveyears thereby consoli,date

with the receiving school, and related questions?
We acknowledgereceipt of your letter of March 2, 1944, lnwhioh you request an opinion of this department on the following questions;

“1. Does a common school districtwhich transfers its entire scholasticenrollment to an accredited school of higher rank by oneyear contracts for three consecutiveyears thereby consolidatewith the receiving school?

“2. Does the County Board of Trustees have the authority to consolidatea common school districtwith its receiving school in the state of facts outlined in Number 1. “3. where an election isheld within a common school district for the purpose of electing school trustees for such schooldistrict, what length of timemust a voter reside in such common school district in order to qualifyhim 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 signedby a majority of the qualified voters of the district and subject to the approval of the county superintendent and the State Auperintendent,a districtwhich may be unable to maintain a satisfactoryschool may transfer its entire scholastic, enrollment for one year to an accredited school of higher rank. a .' This*provision authorizedunder 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 consolidationof 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 affectedby the consolidation. The CountyBoard of ‘rustees as suchhave no statutory authority to effect a consolidation of school districtswithout a vote of the people in each of the districtsaffected.

We, therefore, answer in the negative.

The qualfficationsof your first two questions

voters in elections In

_ - ._ . - common school districts for thepurppse of electing son001 trustees for such school districts are governedby Section 2, Article 6 of the Constitutionof Texas, which reads-in part as followsr

"Every person subject to none of the fore- * going,disqualifications,who shallhave attained the age of 21 years andwho shall be a citizen of the United States and who shallhave resided in this State one year nextpreceding an election and the last sixmonths within the district or county in which suchperson offer; to vote, shallbe deemed a qualified elector;Hon. Dave McNeill, Jr. page 3 O-5911

Although there are certain constitutionaland statutoryprovisionsrequiring an elector to vote in the electionprecinct 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 answersyour inquiries,we are Your.8 very truly ATTORNEY GENERAL OF TEXAS ,~ .- .,~ ,.,. BY Pagan Dickson

Assistant FDsBT/pam

-,. ., APPROVEDMAR 8 

## 1944 GEo..~P,

.BSrAFKBURN

ACTING ATTORNEY GENERAL OF ,TEXAS ii'i'i6iED

O$iiiON &tii~T~ BY BWB, CHAIRMAN