ATTORNEY GENERAL OF TEXAS GREG ABBOTT

Mr. Robert Scott, Commissioner Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494

Dear Commissioner Scott: April 30, 2009 Opinion No. GA-0712 Re: Authority ofthe board oftrustees ofthe Dallas Independent School Districtto change the length ofits members' terms after December 31, 2007 (RQ-0770-GA)

The members ofthe board oftrustees ofthe Dallas Independent School District (the "DISD") previously served three-year terms ofoffice.' On November 20, 2008, the DISD board oftrustees adopted Resolution 58737, which established four-year terms for its members? You ask about the authority ofthe DISD boardto change the length ofits members' terms after December 31,2007. 

### See Request Letter at 2. In 2007, the Eightieth Legislature adopted an amendment to section 11.059 ofthe Education Code. That amendment, codified as subsection (e), provides: (e) 

### Not later than December 

### 31, 2007, the board oftrustees may adopt a resolution changing the length ofthe terms ofits trustees. The resolution mustprovide for a term ofeither three or four years and specifY the manner in which the transition from the length of the former term to the modified term is made. The transition must begin with the first regular election for trustees that occurs after January I, 2008, and a trustee who serves on that date shall serve the remainder ofthat term. This subsection expires January 1,2013. TEX. EDuc. CODE ANN. 

### § 11.059(e) (Vernon Supp. 2008) (emphasis added); Act ofApril 13, 2007, 80th Leg., R.S., ch. 17, 

### § 1,2007 Tex. Gen. Laws 14, 15. By its plain terms, subsection (e) permitted

IBrieffromRolando L. Rios, on behalfofthe Dallas Independent School District, at I (Jan. 26, 2009) (on file with the Opinion Committee) 'See Request Letter (Exhibit A at 2) (available athttp://www.texasattomeygeneral.gov).

### Mr. Robert Scott

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a board oftrustees to adopt a resolution to change the length ofthe terms ofits trustees, but onlyifthe change was made no later than December 31,2007.' On the other hand, the DISD is currently governed by section 11.065 ofthe Education Code, as a district whose "central administrative office is located in a county with a population ofmorethan two million" and one whose "student enrollment is more than 125,000 and less than 200,000." TEX. EDUC. CODE ANN. 

### § 11.065(a) (Vernon 2006). That section, adopted in 2003,' provides that "[s]ections 11.059(a) and (b) do not apply to the board oftrustees" of such a school district. Id. Although section 11.065(a) ofthe Education Code exempts the DISD from the application ofsection 11.059(a) and (b), section 11.065 does not provide an exemption for subsection (e). In construing a statute, our objective, like that ofthe courts, is to determine and give effect to the Legislature's intent. 

### Leland v. Brandal, 257 S.W.3d 204,206 (Tex. 2008). When the text of"a statute's language is clear and unambiguous, it is inappropriate to resort to rules of construction or extrinsic aids to construe the language." 

### City of Rockwall v. Hughes, 246 S.W.3d 621, 626 (Tex. 2008). Ifa statute's language is clear and unambiguous, its plain meaning must prevail. 

### McIntyre v. 

### Ramirez, 109 S.W.3d 741, 745 (Tex. 2003). Under the plain meaning of section 11.059(e) of the Education Code, the board oftrustees ofthe DISD was specifically authorized to change the length of their terms, so long as they did so by December 31, 2007. No statutory authorization exists for changes in term lengths after that date.' Moreover, subsection (d) ofsection 11.065 provides: Notwithstanding Chapter 171, Acts of the 50th Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas Civil Statutes), to the extent consistent with this section, the board of trustees of a school district described by Subsection (a) may adopt rules necessary to govern the term, election, and residency requirements ofmembers oftheboardthatmaybe adoptedunder general lawby anyother school district. TEX. EDUC. CODE ANN. 

### § 11.065(d) (Vernon 2006). A 1981 special law amending article 2783d established the term ofa member ofthe DISD board at three years. 

### See Act ofFeb. 16, 1981, 67th Leg., R.S., ch. 6,1981 Tex. Gen. Laws 7,7-8. Although the DISD board was authorized by section

'To our knowledge the board oftrustees ofthe DISD never asked an authorized requestor to seek an attorney general opiniononthis issue. However, "[a Itthe request ofa [DISD

### 1 trustee," the Commissioner ofthe Texas Education Agency submitted the Request Letter on December 3, 2008. Request Letter at I (emphasis added). 'Renumbered from section 11.064, Education Code, by Act ofMay 24, 2005, 79th Leg., R.S., ch. 728, § 23.001(10),2005 Tex. Gen. Laws 2188, 2314. 'Section 11.059(e) expires onJanuary I, 2013. As a result, changes intermlengthcouldbemade afterthat date.

### Mr. Robert Scott

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11.065(d) to change the length ofits members' terms prior to December 31, 2007, the enactment of section 11.059(e) removed the option ofdoing so after that date.' We conclude that the DISD board oftrustees was not authorized to change the length ofits members' terms ofoffice after December 31, 2007.

'We note that House Bill 13 87, currently pending in the Eighty-fIrst Legislature, would add subsection (e) to section 11.065. Thatprovision wouldrequire the DISD board oftrustees to order "an electioninthe district to approve any rule adopted by the district under Subsection (d)." Tex. H.B. 1387, 8lst Leg., R.S. (2009).

### Mr. Robert Scott

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### SUMMARY The board of trustees of the Dallas Independent School Districtwas authorized to changethe length ofits members' terms of office until December 31, 2007, but not thereafter.

## Ve~}rulY yours,

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### GREG ABOTT Attorney General ofTexas
ANDREW WEBER First Assistant Attorney General JONATHAN 

### K. FRELS Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee

.Rick Gilpin

Assistant Attorney General, Opinion Committee