**AUSTIN. TEXAS** 

wovember 5, 1949 ,

Boll. GeneIi. Hlxson opinion Bo. v-944. Couuty Attornef Lipacomb County Be: The authority or the Biggina, Texer ~trwtees of an iudependeut aohool dlstriot to sell unused school houses of dormantaohool diatrlota tQllowing their OOPDeer Hr. Mixson: solid&ion.

Werefer to your mueat presenting, in aubstance, the followlng data endquestion:

!TheLlpaocmb County School Board, aotIn&under Artlole VIII of Senate Bill 116 filat Legislature, (codified as Art.2922-lb, In 8ernon1s Civil Statutes) by order oonaolidated Common

Sohool Districts Won. 8, 9, 11 and a part of 6, all being dormant aohool diatrlots, with the Higgins Independent~Mhool~ Biatriot In such county. .Electioda h&webeen held wherein bonded indebtedness has ~%eenaasumedandprovialon for levying anaintenanoe tax has been made.
Located in the newdiatrlot are three abandoned aohool howea whioh were used, at one time, by the dormant Oommon Sohool Diatrlots. Sohobl has not been held in themfor manyyears. They are standing in disuse, unrepaired, end are rapidly deteriorat$ng. Ii sold, they will probably bring $200 to $400
apiece. Question: maythe Board of Trustees of' Hlggina Independent School Diatpict sell these abandoned sohool houses andinvest the proceeds in more oonvenlent anddesirable school property? If 80, must the consent of State Department of Education be obtained?

Weawume ior purpo8ea of th%.s'opinion that the, Hon. GeneR. Mlxaon, page 2 (V-944)

buildings in question were aoqulred or oonatruoted and maintained with public money; that they are ownedand held in trust for aohool purposes.

Artiole VIII of Senate Bill 116, dots slat Legislature, provides in pert as follows: ” the Board of Trustees for the distkit’wlth which such dormant school dlatrlot is consolidated shall continue to serve, andbe, the Board of Trustees for the newdlatrlot. In each auoh oaae, the oonsmdation order of the County Board of Trustees shall define by legal bouudary deaoription the territory of the newdLstriot ga so enlarged andextendedTnd said order, including the description of the distriot, shall be recorded in the minutes of the County Board of Trustees and otherwise
as provided by law. ~Electlons shall be held in such consolidated districts for the aasuisption of outstanding bonda, if any, for the levying of taxes therefor, and‘for the levying of a local maintenance tax; said elections to be ordered andheld as nowprovided by laws” (Bmphasis added).


### TempleI IS.D. v. Proctor, $7S.W.2d 1047 (Tex. Civ.App.1936, error ref.) holds that Artlole 2780 is applioable to all types of independent aahool dlatrlcta, whether in incorporated cities or not.

Artiole 2780, Vernon’s Clvll Statutes, provides:

‘Said trustees shall adopt such rules, regulations andby-laws as they maydeempro,? per, 

### andthe public free schools of awh inA. dependent aohool district shall be under ‘their obntrol; andthey shall have the exclusive power to manageandgovern said sohoola, end all rights andtitles to property for school purposes heretofore vested in the mayor, city oounoila, or school trustees by Articles 3995, 4013 and 4032, Revised Statutes of 1895, or other statutes, general end speolal, eroept such cities as era exempted by this title, shall be vested in said board of trustees and their successors in offioe, and their olatiaEon. GeneH. Hlxaon, page 3 (V-944)

shall apply to any action or suit which may arLae to whloh said board Is a party.”
Under the express provisions of Artiole VIII of Senate Bill 11.6, anewdistrict was created whenthe county board by its order consolidated the dormant diatriots to the Higgins Independent Sohool District. The truateea of former Higgins diStriQt ars nowthe truaFtieitof the eularged newHiggins Independent School DlaTheformer commonschool dtatridta, defined as dormant in Article VIII, by reason of their consolldation with the Hlgglna district, have ceased to exist. State v. Cadeohead, 129 S.W.2d 743 (Tex.Cfv.App.1939,
error ref.). Thus, the school properties, title to whloh prior to the consolidation was veated in the boards of trustees of the dormant commonschool dlatrlota, is now vested in the Board of Trustees of the Higgins Independent school Diatriot andtheir successors in office by
reason of the consolidation end in accordance with the provisions of Article 2780, V.C.S., Love v. City of Dal- &, 120Tex.251, 40S.W.2d 20, at p. 26 (1931). Houston
v. Gonaalea I.S.D., 229 3.W. 467, (Comm.App.192~); Lender v. Victoria Count 131 S.U. 821, (Tex.Clv.App.rViO); T J 946 Schok, Sec.79; A.G.Oplnions Ros. O54e~&?:7265:

With respect to the authority of the board of trustees of an independent school district to sell school property of the distrikt wequote from Article 2773:

"Any houses or lands held in trust by anycity or town for public free school purposes maybe sold for the purpose of investing In more convenient anddesirable school property, with the consent of the State Board, Fr Frmbozs of school trustees of such city

in such case, the president of the schiol b;ard shall execute his deed to the purchaser for the ssme, reciting the resolution ofthe State Board giving consent thereto and the resolution of the board of trustees authorlalng such sale.”

Previous Attorney Genersl opinions O-415 and O-1570 hold thet the prooedure to be followed by boards of trustees of independent districta ln selling abandoned school buildings andgrounds is that provided in Article 2773, V.C.S. R.B.Spencer &Co. v. Brown, 198S.W. 1179, (Tex.Civ.App.1917, error ref.). Oplnlon O-1570Eon. GeneIi. Mixaon, psge 4 (V-944)

further holds that independent school districta msydispose of property no longer needed for aahool purpoaea, only if it is necessary to do so to acquire other property whLohis more suitable; that such property maynot be sold for the purpose of putting tbe’:prooeeda in the looal maintenance fund of the district.

With the foregoing in mind, it is our opinion that the Board of Trustees of the Higgins Independent School District maydispose of the abandoned buildlags in accordance with the procedure set out in Article 2773. This law requires that the board of trustees meet and sdopt a resolution evidenolng their decision to sell the buildings. Thenthe cowent resolution of the State Board of Education must be aeoured, andfinally the prealdent of the Hlggka Board of Trustees must execute the deed to the purchaser. ‘Fhetwo resolutions should recite tM purpose of the sale, andthe deed should refer to both ‘5 reaolutiow

. SUMMARY

Abandoned,achool buildtinge in dorraant districts oowolidsted with an independent school district under Article VIII of Senate Bill 

### 116,Acts of the 5Xst Legislature, may be sold by,the board of trustees of the newly created school dietriot In aooordanoe with the provisions of Article 

### 2773,~V.C.8. hart. 

### 2780,v.c.s.; Love v City of Dalli%, 120Tex. 

### 351,40S.W.2d. 20

’ Eowtod v.‘.(ion%a~6k I.S.D., 229 S.W.467; Land& v. Viot’otiU Coiantjr, 13 3.W.

### 821;R.B.Spencer &Co. v’

. BYown, 

### 198i.W. 1179; A.G.Opinlow Hos.0413, 0-l>m, 

### O-5354, o-7265.

APPROVED Yours very truly,
ATTORNEY

GENERAL

OFTEXAS

JamesE. Ferguaon

Aaalatant

JEF:CRO:bh:mv &-7pW Cheater IE.Olliaon

Aaal8tant