September 4, 1962

Honorable J. W. Commissionerof Texas Education Austin, Texas
Dear Dr. Edgar: Edgar

Education Agency OpinionNo. 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 districtwhich includesportions of two counties.

Article 2775a reads as follows:
"In all independent schooldistricts in countieshaving a population of eight hundred thousand (800,000).ormore according to the last preceding Federal Census, created or organized as independent school drstricts under the General Laws, the position or office of eachmember of the Board of Trustees shall be identifiedby a number. Immediatelyupon the taking effect of this Act, the positions shallbe numbered in the order in which the terms of office expire, the first two (2) or three (3) terms which next expire after the effectivedate of this Act to be numbered one
I 1 1 and two (2), or one (l), two (2)and three 3 as the casemay be, and the next succeeding terms expiring to take the next larger numbers, until all of the positionshave been numbered. Thereafter,any candidate offeringhimself for a position as Trustee of suchdistrict 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, l31.” The Carrollton Independent School District, created or organizedunder General Law, lies in part in Dallas County andHon. 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 Countyhas less than 50,000, and a questionhas been raised as to whether the Carrollton Independent School District shouldbe~required to elect the members of its Board of Trustees in accordancewith the provisions of Article 2775a. It is the conclusion of this office that the said statutedoes not apply to county line school districts.

Article 2775a provides "In all independent school districts in countieshaving a opulation of eighthundred thou-

"An elasticpreposition In other cases, expressingrelation of presence, existence, situation, inclusion,action, etc.; inclosed or surroundedby 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 "partiallywithin," 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'seffect is the perimeter of the countywhich has a population in excess of 800,000. The same election rulesmust apply to the whole of an independent schooldistrict, so we must hold that Article 2775a applies only to independent schooldistrictswholly containedwithin the boundaries of countieshaving a population of eight hundred thousand (800,000)ormore according to the lastpreceding Federal Census.

Further support for the above holding may be found in Article 277513,

which specificallyprovides for place election of school trustees in county line school districts. This statute, of course, is of limited application,due to the inclusion of populationbrackets, and the Carrollton Independent School District is not affected. The statute~does,however, indicate the intent of the Legislature, inasmuchas it reflects a legislative awareness of the differencebetween single-countydistricts 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 countieshaving a population of 800,000 ormore, does not apply to county line school districts, since such schooldistricts 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