NE A

AUSTIN. TEXAS

April 6, 1950

opinionNO. v-1036 Ron. Carl Hiller 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.
letterswherelll

you So!ool Diatriotwas

_ _ organbed end formed by groupings ana annexatloneunaer Title 49, Chapter 19A, Ratised Civil Statutes, 1925, as amended,pelrtaining to rural high aohool dlstpiots,and that Ft Is a county-linedistrlatwith 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 aooomplishthe consolidation under Seaate Bill 230, Acts 51st Leg., R.S., 1949, oh. 573, ~1.1118.

You request an opinion on the followingquestions relative thereto:

Does'SectZm 1 of S. ?3.230 (AZ%. 2815-i. Sec. 1 V.C.S.) authorizeoonsolidatlon oi Royse 6lty IndependentSchool District with contiguousoommon 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 oonsolidatloneleatlon; 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 independentschool district notBon. Carl Miller, page 2 (~-1036)

comprised of several existingelementarydistFiats?

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 (whetherformed by grouping or by annexation), oommon sohool districts,oommon county line school districts, independentsohool distrlots, and county line independentsohool districts, includingelementarydistrictswhich, without a separatemajority vote therein,were annexed to or groupedwith other districts under Chapter 59, Acts of the 39th Legislature,as amended, relating to rural hlghsohool districts, may be oonsolldated 'inthe manner providedby Artiole 2806, Revised Civil Statutes, as amended; provided,however, that no such, elementary dlstriotmay be consolidatedunder this Act with any other district if, at the time of presenting a petition for the consolidationeleoWon, the districtwith whioh it was attached or groupedhas 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 consideredas one district for voting purposes in such consolidation election. 'Ihe

propositionto 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 aonsolidationunder.

this Act shall constltntean independentsohool district and be governed w the General Laws applioableto independent sohool districts,and it may thereafterbe consolidated

with any other district or districts under the provisionsof this AOt."
Senate Bill 230 authorizesthe consolidation of any existinghigh school district (organizedor Sormed by gro~upings

or annexationsunder Chapter 59, Acts ofr

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 provisionsOS Chapter 59, Acts of the 39th Legislature,as amended, relative to groupings and annexationsof 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 consolidationof a high school district (organized by groupingsor annexationsunder Articles 2922a and/or 2922~) with any contiguouscommon aohool districtwas provided for and authorizedin Article 2922aa,V.C.S., enacted in 1937. The provision In that law requiring the consolidation

election to be held in conformitywith Artlole 2806 is retained in Senate Bill 230, but all its remainingprovisions insofar as they oonfliotwith this later law have been supersededthereby.

School dlstrictswhich oontemplateconsolidation with contiguous school dlstriots under authorityof Senate Bill 230 are referred thereby to the prooedure supplied in Article 2806, but insofar as proceduralprovisions 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 authorizesconsolidation of the District with contiguousdistricts,common or otherwise,in the manner or procedureprovided 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-linedistrict. With respect to the consolidationof a county-linedistrict,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 independentschool districts and one or more common school districts constitutingas 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 electionsby publicationof the **order** in some newspaperpublished 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 separatelyIn favor of such consolidation, the Court shall deo1are the school district consolidated. Provldsd that if any swh district or districta are situatedwholly in a county other than the county or counties embracing any other swh district or districtsthe petitions and eleotion orders prescribed in this Act ahall be addressedto and issued by the respeotlve County Judges of the respectiveoounties in which such districts respeotively lie, each County Judge ordering the election for the district or'

districts in his county, landthe Commissioners

Courts of swh respeotive counties shall canvass the returns and declare the results of the elections in the district or districts of their respeotlvecounties

. . .; provided further, that when it is proIjosed to onnsolidatecontiguouscounty-line dlstrfots, the petitions and election orders presorlbed in this Act shall be addressedto 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 consolidationshall be consideredas 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 consolidatedin conformitywith Article 2806, they cm any independentexistence. On the other hand, when school districts are grouped or one or more annexed to another under authorityof Articles 2922a, et seq., to form a rural high school district, the former districtsdo not cease to have an independentexistence. AS to such districts comprisingrural high school districts,it is provided in Article 2922b that they, whether common OP independent,shall be referred to as elementaryschool distriots. State v. Cadenhead, 129 S.W.2d 743 (Tex.Civ. App. 1939, error ref.). Furthermore,Section 4 of Senate Bill 230 itself expresslyprovides that "any district formed by a consolidation under this Act shall constitute an independentschool district and be governed by the General Laws applioableto fndependent school districts.' The general laws applicableto independent school diatriats,unlike those applicableto rural high school districts , contain no provisionsrecognizingthe existence of elementarydistrictswithin independentschool distriots resulting from oonsolidations. Therefore, any district resulting from a consolidationelection authorizedand held under Senate Bill 230 will occupy the status of an independent school distriot. It will be subject only to the general laws applicableto Independentschool aistriots, as distinguishedfrom those laws applicableto 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 annexationsunder Articles 2922a, et seq., V.C.S.) may consolidate with any other contiguousschool 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 electionhad in acoordanoe with Senate Bill 230 will ocoupy the status of an lndependent school district, subject to general laws applicableto independentschool districts, and not to the laws applioableto 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 ChesterR. Ollison Assistant

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