NE A 

AUSTIN. TEXAS 

April 6, 1950 

Ron. Carl Hiller opinion NO. v-1036 

Criminal Dlstriot 

Rookwall, Texas 

Attorneys 

Re: 

Dear Sir: 

We refer to your reosnt 

state that Royse City Independent 

Consolidation of a 

rural htgh sohool dlstriot yfth contiguous 

oommon saliobl districts under S.B.230, 

Acts !jlst Leg:, 1949. 

letters wherelll you 

So!ool Diatriot was _ _ organbed end formed by groupings ana annexatlone unaer 

Title 49, Chapter 19A, Ratised Civil Statutes, 1925, as 

amended, pelrtaining to rural high aohool dlstpiots, and 

that Ft Is a county-line distrlat with its temitorg lying within Rockwell, Hunt and Collln Counties. The district desires to oonsolidate with two cont~guow common 

sohool districts 1yFng within Hunt County, and it has 

been suggested that the dlstrlct aooomplish the consolidation under Seaate Bill 230, Acts 51st Leg., R.S., 

1949, oh. 573, ~1.1118. 

You request an opinion on the following questions relative thereto: 

Does'SectZm 1 of S. ?3. 230 (AZ%. 

2815-i. Sec. 1 V.C.S.) authorize oonsolidatlon oi Royse 6lty Independent School District with contiguous oommon school diitricts 

In the manner provided in Artiole 28061 

2. Under Seation 1 of 5. B. 230, would 

such Royse City dlatrlct be treated as one 

district SOP voting purposes in such a oonsolidatlon eleatlon; that is, would a majority of the votes cast in the entire Royse 

City dlstriot control on the question of Its 

deaision to oonsolidate? 

3. Under Sectlou 4 OP S. B. 230 (Art. 

2815-2, Sec. 4, V.C.S.) would the new district 

resulting from such a consolidation enjoy full 

status as an independent school district not 
Bon. Carl Miller, page 2 (~-1036) 

comprised of several existing elementary distFiats? 

Senate Bill 230, Aats 51st Leg., B.S. 1949, ah. 

573, p. 11.18 (Art. 2815-2, V.C .S.) provides in part as 

follows : 

"Sec. 1. Rural high sohool distriots 

(whether formed by grouping or by annexation), 

oommon sohool districts, oommon county line 

school districts, independent sohool distrlots, 

and county line independent sohool districts, 

including elementary districts which, without 

a separate majority vote therein, were annexed 

to or grouped with other districts under Chapter 59, Acts of the 39th Legislature, as amended, relating to rural hlghsohool districts, 

may be oonsolldated 'in the manner provided by 

Artiole 2806, Revised Civil Statutes, as amended; provided, however, that no such, elementary 

dlstriot may be consolidated under this Act 

with any other district if, at the time of presenting a petition for the consolidation eleoWon, the district with whioh it was attached 

or grouped has bonds aotually outstanding which 

were voted and issued after It was so annexed 

or grouped. Provided further, that each such 

rural high school district lnaluded in suoh 

consolidation shall be considered as one district for voting purposes in such consolidation 

election. 'Ihe proposition to be submittea at 

the oonsolldatlon may specify the naz@ of the 

dlstriot, and swh name need not contain the 

word '0 ens olidated t . 

"Sea. 2. IS a majority of the votes 

cast in eaoh distriot is in Savor or the consolidation, they shall be consolidated. . . 

"Sea. 4. Any district formed lk~ a aonsolidation under. this Act shall constltnte an 

independent sohool district and be governed 

w the General Laws applioable to independent 

sohool districts, and it may thereafter be 

consolidated with any other district or districts under the provisions of this AOt." 

Senate Bill 230 authorizes the consolidation 

of any existing high school district (organized or Sormed by gro~upings or annexations under Chapter 59, Acts of 
r 

r-- 

Ron. Carl Miller, page 3 (v-1036) 

the 39th Legislature, as amended) with any other aontiguous school district or districts in the manner provided 

la Article 2806, as amended. Its language is clear and 

unambiguous. The provisions OS Chapter 59, Acts of the 

39th Legislature, as amended, relative to groupings and 

annexations of sahool districts, are contained in Title 

49, Chapter 19A, Revised Civil Statutes, 1925, and as 

amended ara codified as Articles 2922a, et seq., in Vernon's Civil Statutes. 

Prior to the enaotment of Senate Bill 230, the 

consolidation of a high school district (organized by 

groupings or annexations under Articles 2922a and/or 

2922~) with any contiguous common aohool district was 

provided for and authorized in Article 2922aa, V.C.S., 

enacted in 1937. The provision In that law requiring 

the consolidation election to be held in conformity with 

Artlole 2806 is retained in Senate Bill 230, but all its 

remaining provisions insofar as they oonfliot with this 

later law have been superseded thereby. 

School dlstricts which oontemplate consolidation with contiguous school dlstriots under authority of 

Senate Bill 230 are referred thereby to the prooedure 

supplied in Article 2806, but insofar as procedural provisions are present In Senate Bill 230 which conl'liot 

with those of Article 2806, Senate Bill 230, being the 

later law, prevails. 

Under the sulxzltted facts, Royse City Independent School District was formed by groupings and annexations under Title 49,~ Chapter 19A, Revised Civil Statutes, 

as amended, pertaining to rtpal high school districta. It 

is our opinion that genate Bill 230 authorizes consolidation of the District with contiguous districts, common or 

otherwise, in the manner or procedure provided in Article 

2806 and Article 2815-2. 

Since the Royse City District is comprised of 

territory lying in three counties, RookwalI, Hunt and 

Collin, it is a aountg-line district. With respect to 

the consolidation of a county-line district, we find in 

Article 2806: 

'"on the petition of twenty (20) .or a 

majority of the legally qualified voters of 

each of . . . one OF mope independent school 

districts and one or more common school districts constituting as a whole one continuous 
. , 

Ron. Carl Miller, page 4 (V-1036) 

territory, raying 

t 

for the oonsolidatlon of 

awh diatri ts for school purposes, the con+ 

ty Judge shall issue an order for an eleution 

F;iz held on the same day in each suoh tis- 

. The County Judge shall give notZca of 

the date of swh elections by publication of 

the order in some newspaper published in the 

county for at least twenty (20) days pr%or to 

the date on which such elections are ordered, 

or by posting a notice of swh elections 01 

each of the districts, or by both such publication and posted notice as may be elected by 

the County Judge. The Commisslone~~ Con& 

shall at its next meeting, canvass the returns 

of swh elections, and IS the votes cast in 

each and all districts show a majority in 

each distriot voting separately In favor of 

such consolidation, the Court shall deo1are 

the school district consolidated. Provldsd 

that if any swh district or districta are 

situated wholly in a county other than the 

county or counties embracing any other swh 

district or districts the petitions and eleotion orders prescribed in this Act ahall be 

addressed to and issued by the respeotlve 

County Judges of the respective oounties in 

which such districts respeotively lie, each 

County Judge ordering the election for the 

district or' districts in his county, land the 

Commissioners Courts of swh respeotive counties shall canvass the returns and declare the 

results of the elections in the district or 

districts of their respeotlve counties . . .; 

provided further, that when it is proIjosed to 

onnsolidate contiguous county-line dlstrfots, 

the petitions and election orders presorlbed 

in this Act shall be addressed to and issued 

by the County Judge of the county hting jurlsdiotion over the principal school of each 

district and the results of the election shall 

be canvassed and declared 

ers Court of said county.” 

by the CommlssionThe answer to your second question is Sound in 

Section 1‘0s Senate Bill 230, which,expressly provides 

“that each. rural high school district included in such 

consolidation shall be considered as one district for 

voting purposes in such consolidation election.” ThereSore, the majority of the votes cast in the entire Royse 
. 

Hon. Carl Miller, page 5 (V-1086) 

City distriot. would control on the question OS its deeision to consolidate. 

When school districts are consolidated in 

conformity with Article 2806, they cm any 

independent existence. On the other hand, when school 

districts are grouped or one or more annexed to another under authority of Articles 2922a, et seq., to form 

a rural high school district, the former districts do 

not cease to have an independent existence. AS to such 

districts comprising rural high school districts, it is 

provided in Article 2922b that they, whether common OP 

independent, shall be referred to as elementary school 

distriots. State v. Cadenhead, 129 S.W.2d 743 (Tex.Civ. 

App. 1939, error ref.). Furthermore, Section 4 of Senate Bill 230 itself expressly provides that "any district formed by a consolidation under this Act shall 

constitute an independent school district and be governed by the General Laws applioable to fndependent 

school districts.' The general laws applicable to independent school diatriats, unlike those applicable to 

rural high school districts , contain no provisions recognizing the existence of elementary districts within 

independent school distriots resulting from oonsolidations. Therefore, any district resulting from a consolidation election authorized and held under Senate 

Bill 230 will occupy the status of an independent 

school distriot. It will be subject only to the general laws applicable to Independent school aistriots, 

as distinguished from those laws applicable to rural 

high school districts. 

Under Senate Bill 230, Acts 51st Leg., 

B.S. 1949, oh. 573, p.1118 (Art.2815-2, B.C. 

S.), any high school district (organized or 

formed by groupings or annexations under Articles 2922a, et seq., V.C.S.) may consolidate 

with any other contiguous school diatriot or 

districts in the manner provided in Article 

2806, V.C.S. and Senate Bill 230. 

A rural high school district InoIuaed 

in a proposed oonsolidation shall be considered as one distriot SOP voting purposes in 

such consolidation election. 3ec.1, S.B. 

230, supra. 
Ron. Carl Miller, page 6 (v-1036) 

Any district resulting from a consolidation election had in acoordanoe with Senate 

Bill 230 will ocoupy the status of an lndependent school district, subject to general laws 

applicable to independent school districts, 

and not to the laws applioable to rural high 

school distriots. Sec.4, S.B.230, supra. 

Yours very truly, 

APPROVRD: 

PRICE DARIRL 

Attorney General 

J. C. Davis, Jr. 

County Affairs Division 

Charles D. Mathews 

Rxecutive Assistant 

CEO:bh:mw 

Chester R. Ollison 

Assistant 

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