March 'I,1958

Dr. James A. Turman Executive Secretary Texas Youth Council Austin, Texas

Dear Dr. Turman: OpinionWo. ~~-3‘88
Re: Authority of Texas Youth Council to renew and extend contractual agreements now in effect with Independent School Districts in the cities in which the respective State Children'sHomes are located; and related questions.
We have received your letter of February 10, 1958, in which you submitted the following questions for our opinion:

"1D In order to providemaximum educational opportunities for scholasticsat the State Children's Homes under Texas Youth Council jurisdiction, can the Council renew and extend contractual agreementsnow in effectwith Independent School Districts in the cities in which the respective State Children'sHomes are located? "2. If your answer to the above question is in the affirmative, can such contractual agreements cause the State Home Independent School Districts to lose Independent School District status under the so-calleddormant school statutes or by other means exceptby legislative action?

“3. Even if all scholastics in the Children's Homes, grades one through twelve, attend public schoolsunder such contractualagreements,made or renewed annually, can such agreementsbring any change in the Home's Independent School District status except through specific action by the Legislature?" Article 2666, Vernon's Civil Statutes, Is the authority for the existence of independent school districts at the institutions in question. Attorney General's Opinionww-285 (1957) aD.T.James A. Ttmnan, Page 2 (Ww-388).

Section ga; Article 5143d, Vernon's Civil Statutes, authorizes the Texas Youth Council to accept certain children for admission to the CorsicanaState Home and the Waco State Home and to offer, if needed, care, treatment, education,and training to such children as are admitted. Section 25a of such statutereads in part as follows:

"For the purposes of carrying out its duties, the Youth Council is authorized to make use of
state.educational

. . . institutionswithin the

When funds are available for the purpose, the Youth Councilmay enter into agreementswith the appropriateprivate or public official for the separate care and special treatment in existing institutionsof persons subject to the control of the Youth Council."
In our opinion, the above quoted provisions authorize the contracts in question. It follows that, there being authority to contract In the first instance, the Texas Youth Councilmay renew such oontracts from time to time so long as the statutoryauthority remains effective.

The so-called "DormantDistrict" statute,being Article 2922-18,Vernon's civil Statutes, specificallyexpresses the legislative intent of suchprovisions to be that: All property subject to schooldistrict taxationwiihin the State of Texas be includedwithin the limits of a School Mstrict and that a proper and proportionate tax be paid thereon for school purposes." (Emphasisours).
To achieve suchpurpose, the Statuteprovides for the abolition of dormant districts and the incorporationof the properties therein contained into an adjoining district. Itwould be a useless gesture to declare a districtwhose area is only co-extensivewith the confines of a state institution, to be a dormant districtwhen the property in the district so abolished and annexed to an adjacent district could not be taxed according to the announced purpose of such statute. We are not of the opinion that the provisions of Article 2922-18,Vernon's Civil Statutes,pertain to the independent school districts in question. See also Attorney General's OpinionWW-285 (1957)wherein it was held that the provisions of SenateBill 175, Acts 55th Legislature,Regular Session, Chapter 143, pertaining to certainbudgetary and accountingprocedures to be establishedand followed in each Independent School District did not apply to the districts in questionhere, due to their peculiar status.Dr. James A. Turman, Page 3 (W-388).

In addition,we call attention to Section 1, Article 2756c, Vernon's Civil Statutes,which reads in part as follows:

'Any schooldistrict created or establishedby the State Board of Educationunder the provisions of either Article 2666, Revised Civil Statutes of 1925,

. . .may be abolishedby order of the State Board of Education upon written request
. . . of the board of trustees of the school district. Notice of the order of abolishment in writing shallbe given to the trustees of such independent school district and to the county board of school trustees of the county In which the district is located. From and after the effective date of this Act, the authorityheretofore vested in the State Board of Education to create or establish school districtsunder any Statute of this state is hereby abolished." Since this statute is specificallydirected to the districts in question,we are of the opinion that the status of the independent school districts at the Institutions In questionwould not be affectedby your proposed plan of operation, absent action of the State Board of Education In accordancewith the provisions of Article 2756c, Vernon's Civil Statutes. The status of the schooldistricts existing at the affected institutions couldbe altered only by legislative action or in accordancewith the provisions of Article 2756~.
SUMMARY The Texas Youth Councilmay renew and extend contractualagreementsnow in effectwith Independent School Districts In the cities in which the respective State Children'sHomes are located. Therebeing specific legislation pertaining to the abolition of Independent School Districts establishedunder Article 2666, Vernon's Civil Statutes, the general provisions of Article 2922-18 a0 not apply to such districts. Very truly yours, WILL WILSON Attorney General of Texas

TIM:LP:wam:jl Leonard Passmore AssistantDr. James A. Turman, Page 4 (WW-388)

APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
J. C. Davis, Jr. Wayland C. Rivers, Jr.
C. K. Richards
REVIEWED FOR THE ATTORNEY GENERAL
BY: W. V. Geppert