September 4, 1962 

Honorable J. W. 

Commissioner of 

Texas Education 

Austin, Texas 

Dear Dr. Edgar: 

Edgar 

Education 

Agency 

Opinion No. W-1434 

Re: Whether Article 2775a, 

Vernon's Civil Statutes, 

applies to county line 

school districts. 

You have requested the opinion of this office as to 

whether Article 2775a, Vernon's Civil Statutes, applies to 

an independent school district which includes portions of 

two counties. 

Article 2775a reads as follows: 

"In all independent school districts in 

counties having a population of eight hundred 

thousand (800,000) .or more according to the 

last preceding Federal Census, created or 

organized as independent school drstricts 

under the General Laws, the position or office 

of each member of the Board of Trustees shall 

be identified by a number. Immediately upon 

the taking effect of this Act, the positions 

shall be numbered in the order in which the 

terms of office expire, the first two (2) 

or three (3) terms which next expire after the 

effective date of this Act to be numbered one 

I 1 

1 and two (2), or one (l), two (2) and three 

3 as the case may be, and the next succeeding 

terms expiring to take the next larger numbers, 

until all of the positions have been numbered. 

Thereafter, any candidate offering himself for 

a position as Trustee of such district in any 

election shall in filing as a candidate indicate 

the number of the position for which he desires 

to run. His application for a place on the 

ballot shall disclose the position number for 

which he is a candidate, or the name of the 

member he desires to oppose. Acts 1953, 53rd 

Leg., P. 112, ch. 76, l3 1.” 

The Carrollton Independent School District, created or 

organized under General Law, lies in part in Dallas County and 
Hon. J. W. Edgar, page 2 (WW-1434) 

in part in Denton County. Dallas County now has a population 

in excess of 800,000, while Denton County has less than 50,000, 

and a question has been raised as to whether the Carrollton 

Independent School District should be~required to elect the 

members of its Board of Trustees in accordance with the provisions of Article 2775a. It is the conclusion of this office 

that the said statute does not apply to county line school 

districts. 

Article 2775a provides "In all independent school districts in counties having a opulation of eight hundred thou- 

"An elastic preposition In other cases, 

expressing relation of presence, existence, 

situation, inclusion, action, etc.; inclosed 

or surrounded by limits, as in a room; also 

meaning for, in and about, on, within, etc., 

according to context." 

Thus we must hold that the phrase "in counties," as used in 

Article 2775a, does not mean "partially within," The phrase 

connotes limits, and the only descriptive limit with which we 

are provided by the statute is the county. Therefore, it follows that the limit of the statute's effect is the perimeter 

of the county which has a population in excess of 800,000. The 

same election rules must apply to the whole of an independent 

school district, so we must hold that Article 2775a applies 

only to independent school districts wholly contained within the 

boundaries of counties having a population of eight hundred thousand (800,000) or more according to the last preceding Federal 

Census. 

Further support for the above holding may be found in 

Article 277513, which specifically provides for place election of 

school trustees in county line school districts. This statute, 

of course, is of limited application, due to the inclusion of 

population brackets, and the Carrollton Independent School District is not affected. The statute~does, however, indicate 

the intent of the Legislature, inasmuch as it reflects a legislative awareness of the difference between single-county districts 

and county line districts. 

SUMMARY 

Article 2775a, Vernon's Civil Statutes, 

which provides for place election of 
. Hon. J. W. Edgar, Page 3 (WW-lL/34) 

school trustees in independent school 

districts located in counties having 

a population of 800,000 or more, does 

not apply to county line school districts, since such school districts 

are not located "in" any single county. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

B~&&ic~~ 

Assistant' 

MLQ:zt:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

L. P. Lollar 

Arthur Sandlin 

Ernest Fortenberry 

REXIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore