623 

. 

OFFICE OF ‘THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

.;Ro”ER SELLERS 

,,TORNEY GENERAL 

Hm. T. H, l?rlnhlc, First firsietant 

state Supertitoudent of Public Imtructlon 

( 

He rm3 in r 

July 25th. tl-itlc., 

0uF request of 

. Oriffin’s 1:ett.m as 

undes Article 2815, Sectione 

cormon scf)ool dl8trict ha3 

oneolfdstion. This dis33113 .when It voted into 

tics, ma'ti $1.00 tnx rste. I 

ranted tint vhen the District 

voted out of ths cmcoliGrti3n it took its 

ori@nal bo-m&3ry linen a2 or the tim it 

conz07.f?latc2, or29 it alro toa;: i*r c!xi ret.0 

RS of tha dcCs of the t%rce it consolidated. 

!i%ha two bow& agmed on the mount of bonded 

ind,obtedne% thla ~:istrl.cc should assme. Ho 

, tax sic-ctfoa was hold., 
lion. T. M. Trimble :- Page 2 

"After thinking this thing through 

it occurred to me that there w33 a possibility 

that it would be necessary to hold a tax election 

In the district after it withdrew from the consolidation. Please advise me if this will be 

necessary. He would ccrtslnlg hate to hold this 

election in the district, but if it is necessary 

to make the tax levy valid, of course ws could 

do it. Slncc a specific plan wao set out for 

. the bonded indebtedness I,believed that the tax 

rate was &utomatScally that which the district 

had at the time of the consolidation. Please advise r2e at your very earliest convenience In 

regard to this) because if ve must hold nn 

election we want to do it at the earliest date 

practicalA 

Article 2815, V, A. C.,S., reads as follows: 

"(a) Such consolidated districts 

may, In' the same manner provided for their consoiidation be dissolved and the dietricts incl\;ded thcr4.n restore& to tIx3I.r orifiinel status, 

except tliit it shall not be necessary to provide 

polling places in each district. Each such 

district when so restored shall assume and be 

liable for its prorata part of the outstanding 

financial ohligation of the consolidated district, such prorata part to be based on the 

relation the total assessed valuation of all 

property in the district bears to the total 

assessed valuation of property in the consolldated district, as shown by the assessment rolls~ 

of the district for the cu'rrent year. No election 

for the dissolution of said consolidated districts 

shall be held until three (3) years have elapsed 

after the date of the election at which such 

districts were consolidated. 

"(b) On the petition of twenty (20), 

or a majority of the legally qualified voters 

of any oomon school district, or independent 

3ehool district, praylug for the withdrawal from 

a consolidated distrkt, If three (3) Fears have 

elapsed after the date of the election at which 

slrch diztrlcts eere conzolidatcd, ,tho County 

J:7jre shs~ll give notice of &tie data of such election 

bi &bllcation of the order Lr.sono newspaper publlshed In the county for tventy (20) days prior 
non. T. Pf; T&ble - PR@ 3 

to the datc.on which such elections are ordered, 

or by ppoctin~ a notice of much electlon in the 

district do6irirLr: the 61eCtiOZ,. The Ccmalsslonsrs” Ccurti shell nt its next meting canfor its proratn pmt of tha outscdndPn~ flnc.zclalobligations of ths consoltdatsd dlntrict,~ mch 

prorata p~!r.trt to he base& on th.5 ral.et;ion the 

total as~eo8cd vekmtlon of all prop,-rtg In the “. 

district bear8 to the total &scosr&d Vtiuktion .~ 

OS property in t!m consolidatsd~ district, @.a, 

shown by the ae6esmcnt rolls OS the dLstr1c.t for ‘1. 

the cimmnt ye&u.” (-und.eracrorlng elm) 

The above quatod articla provide8 that the 

school dlstricta xhen bevored Sron conso~ldetlon 8hall be 

restored (with certain cxoeptions au& condttiono) to thc%~r 

orfg!nal statue. 

It ia OUP apir.ion under the faata stated 

thet it 58 not mccsaary to have the tax clectlozi inqulrcd 

8bout to m&e the $1.00 tax Pate levy valid. 

Very truly yours 

ATTOR.XE OEMGtAL OF TEXAB 

J