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 of the board of trustees of the Dallas 

Independent School District to change the length of its 

members' terms after December 31, 2007 

(RQ-0770-GA) 

The members of the board of trustees of the Dallas Independent School District (the "DISD") 

previously served three-year terms of office.' On November 20, 2008, the DISD board of trustees 

adopted Resolution 58737, which established four-year terms for its members? You ask about the 

authority of the DISD board to change the length of its members' terms after December 31,2007. See 

Request Letter at 2. 

In 2007, the Eightieth Legislature adopted an amendment to section 11.059 of the Education 

Code. That amendment, codified as subsection (e), provides: 

(e) Not later than December 31, 2007, the board of trustees 

may adopt a resolution changing the length of the terms of its trustees. 

The resolution must provide for a term of either 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 

of that term. This subsection expires January 1,2013. 

TEX. EDuc. CODE ANN. § 11.059(e) (Vernon Supp. 2008) (emphasis added); Act of April 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 behalf of the Dallas Independent School District, at I (Jan. 26, 2009) (on file 

with the Opinion Committee) 

'See Request Letter (Exhibit A at 2) (available at http://www.texasattomeygeneral.gov). 
Mr. Robert Scott - Page 2 (GA-0712) 

a board of trustees to adopt a resolution to change the length of the terms of its trustees, but only if the 

change was made no later than December 31,2007.' 

On the other hand, the DISD is currently governed by section 11.065 of the Education Code, 

as a district whose "central administrative office is located in a county with a population of more than 

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 of trustees" of such a school district. Id. 

Although section 11.065( a) of the Education Code exempts the DISD from the application of section 

11.059(a) and (b), section 11.065 does not provide an exemption for subsection (e). 

In construing a statute, our objective, like that of the 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). If a 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 of trustees of the 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) of section 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 of members 

of the board that may be adopted under general law by any other school 

district. 

TEX. EDUC. CODE ANN. § 11.065(d) (Vernon 2006). A 1981 special law amending article 2783d 

established the term ofa member of the DISD board at three years. See Act of Feb. 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 of trustees of the DISD never asked an authorized requestor to seek an attorney 

general opinion on this issue. However, "[a It the request of a [DISD 1 trustee," the Commissioner of the 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 of May 24, 2005, 79th Leg., R.S., ch. 728, § 

23.001(10),2005 Tex. Gen. Laws 2188, 2314. 

'Section 11.059( e) expires on January I, 2013. As a result, changes in term length could be made after that date. 
Mr. Robert Scott - Page 3 (GA-0712) 

11.065( d) to change the length of its members' terms prior to December 31, 2007, the enactment of 

section 11.059(e) removed the option of doing so after that date.' 

We conclude that the DISD board of trustees was not authorized to change the length of its 

members' terms of office 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. That provision would require the DISD board of trustees to order "an election in the district to approve 

any rule adopted by the district under Subsection (d)." Tex. H.B. 1387, 8lst Leg., R.S. (2009). 
Mr. Robert Scott - Page 4 (GA-0712) 

SUMMARY 

The board of trustees of the Dallas Independent School 

District was authorized to change the length of its members' terms of 

office until December 31, 2007, but not thereafter. 

Ve~}rulY yours, a.' -

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v GREG ABOTT 

Attorney General of Texas 

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