Dr. J. W. Edgar 

Cominissioner of Education 

Texas Education Agency 

Austin, Texas 

Dear Dr. Edgar: 

Opinion No. C-394 

Be: What are the terms of 

offi,ce of the first elected seven trustees of an 

independent school district 

created pursuant to Article 

2742j, and related questions. 

In order that the problem posed by your opinion request 

be made as clear as possible, we quote the following from your 

letter: 

"On April 6, 1963 a common school district 

pursuant to provisions of Article 27423, V.C.S., 

voted to become an independent school district. 

Thereafter, on Apri1.24, 1963 the County School 

Board created it an independent school district 

(Del Valle) and appointed seven trustees to serve 

as required by that law until the next regular 

trustee election, April 4, 1964. Thus, the 

tertns,of the seven a pointed 

fl 

trustees normally 

expired about April , 1964. 

"The independent school district had and now 

has more than 1,000 scholastics according to its 

last scholastic census. Timely and prior to April 

4, 1964, that appointed board of trustees by board 

action voted to adopt and be governed by the provisions in Article 2775a-1, as last amended. It 

provides in part,that where its provisions are 

adopted all candidates for school trustee of such 

districts shall thereafter be voted upon and elected separately ,for positions, the candidates to be 

designated on the official ballots accprding to 

the number of the position to which they seek election. 

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Dr. J. W. Edgar, page 2 (C-394) 

“Neither Article 2742j nor 2775a-1 provide 

for or prescribes a procedure for a determination 

of the length of term for which the first elected 

seven trustees shall serve. We, are adviseneither before the first elec’tion held Fn April 

1964 nor thereafte,r has such a determination yet 

been made. 

“However, seven positions were printed on the 

first election ballot voted in April, 1964; each 

position was numbered one through seven consecutively, and seLen candidates’ names were .printed 

on the ballot as running respectively for the numbered position preceding his name. Furthermore, 

write-in candidates were written in by voters for 

each so-numbered trustee position. Seven trustees 

were thus elected and are currently serving as such.” 

At the outset we must observe that Article 2775a-1, Vernon’s Civil Statutes, once properly adopted by an independent 

school district, is binding upon the said district, since the 

statute expressly provides that such adoption action may not be 

rescinded by the board of trustees or their successors in office. 

Article 2775a-1, Vernon’s Civil Statutes, provides in part 

as follows : 

‘I At least sixty (60) days prior to 

the firs; $lecCion which is governed by this Act 

in each district now or hereafter coming within 

its provisions, the Board of Trustees shall number the positions in the order in which the terms 

of office expire, the expiring terms which are to 

be filled at the first election to be numbered 

Position No. 1, Position No. 2, and so on, and the 

next succeeding terms expiring to take the next 

larger numbers, until all of the positions have 

been numbered. . . .‘I 

The difficulty with the Del,Valle Independent School District has arisen because ,of the fact that the Board of Trustees 

which adopted Article 2775a-1 was an a ointive board, all of 

whose terms expired simultaneously on -1964. April It was 

thus impossible for the board to strictly comply with the requirements of Article 2775a-1, quoted above, with regard to the 

assignment of position numbers. 

This office was informed that on June 8? 1964, the newly 

elected Board of Trustees adopted a policy of ‘School Board 

-1856- 
- . 

Dr. J. W. Edgar, Page 3 (c-394) 

Organization," which set forth the following: 

“2 . The term of office of the Trustees 

elected to Position No. l'and Position No. 2 

in this first election shall be for a period 

of one year, and the term of office'of the 

Trustees elected'to Position No. 3 and Position No. 4 in this first election shall be for 

a period of two years. The term of office of 

the Trustees elected to Position No. 5, Position No, 6, and Position No. 7 shall be for a 

period of three years. ,'. ." 

There is no statutory basis for the adoption of such a policy and 

the terms of trustees are set by law and are not a subject for 

policy decisions by a board of trustees. More particularly, this 

office has been unable to discover any basis in law for the threeyear terms given to the holders of Positions 5, 6 and 7. For 

these and other reasons expressed below, it is the opinion of this 

office that the terms of office for trustees adopted by the Del 

Valle Independent School District Board of Trustees in its statement of policy of June 8, 1964, are null and void, and such statement of policy can have no force or effect upon the terms of the 

trustees. 

Article 2775a-1, Vernon's Civil Statutes, does not in itself establish any terms for school trustees. Article 2777, Vernon's Civil Statutes, is the general enactment establishing 

terms for trustees of independent school districts. It reads as 

follows: 

"The seven candidates receiving the largest 

number of votes at the first election, and the 

three or four candidates receiving the largest 

number of votes at all subsequent elections, 

shall be entitled to serve as trustees hereunder. 

Those elected at the first election shall determine by lot the term for which they are to serve. 

The four members, drawing numbers one, two, three 

and four shall serve for 

members drawing the 

shall serve two 

---=Y' 

or until the second of 

April thereafter, an until their successors are 

elected and qualified; and regularly thereafter 

on the first Saturday in April of each year, four 

trustees and three trustees, alternately, shall be 

elected for a term of two years, to succeed the 

trustees whose term shall at that time expire. 

The members of the board remaininp after a vacancy 

-1857- 
Dr. J. W. Edgar, page 4 (C-394) 

shall fill the same for the unexpired term." 

(Emphasis supplied). 

To summarize the situation as it now exists in the Del 

Valle Independent School District: 

(1)~ An appolntive board properly elected to come within the provisions of Article 2775a-1, providing for election 

of trustees by position; 

(2) In April, 1964, seven trustees~ were elected by 

posiyion number, although such positions had not been separated 

into original one and two year terms; 

(3) In June, 1964, the Board of Trustees adopted a policy 

giving one, two and three year terms to various position numbers. 

This statement of policy was null and void, and cannot be construed as properly designating a term for any trustee; 

(4) The statutorily-required election of April, 1965, is 

rapidly approaching, and no effective determination has been 

made as to which trustees must run for office, and which ones 

have another year to serve. 

Article 2777 provides for those trustees elected at the 

first election to determine their position numbers by lot. Although the present trustees purport to have position numbers 

already, these numbers were arrived at in a manner inconsistent 

with statute and can have no legal effect. Since the board is 

now subject to the provisions of Article 2775a-1 and must elect 

by position number, and must also comply with Article 2777 as to 

terms of trustees, it is obvious that the present trustees should 

cast lots to determine their position number. The trustees drawing numbers one, two,, three and four shall serve for only one 

year. 

Under the particular facts involved in 

this opinion, the'Board of Trustees of 

the Del Valle Independent School District, 

the first board elected, should cast lots 

for the determination of place numbers 

and terms of office, in accordance with 

Article 2777, Vernon's Civil Statutes. 

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Dr. J. W. Edgar, page 5 (c-3g4) 

Yours very truly, 

WAGGONER CARR 

Attorney General 

-%&u& . 

Assistant 

MLQ:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Roy B. Johnson 

Paul Phy 

George Black 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

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