## TEEA~TORNEYGENERAL
OlF TEXAS
AUSTIN.TEXAS **PmCE DANIEL**  **rnoamr a-z.**  Hay 10, 1948

Hon. L. A. Woods Opinion Ro. V-562 State Superintendent Department of Education Ren Incorporation of a Austin, Texas Rural High School District Attn.; Bon. T, M, Trimble First Assistant

Dear Sirn

We refer to your letter of recent date requesting an opinion on whether& rural high school district classed as a common district under Article 2922b, Vernon's Civil Statutes,may under the incorporationstatutes, Articles '2757 and 27423, as amended, incorporate itself into an independentschool district.

Article 2922b insofar as the same Is pertinent to this opinionprovides8

"Ruralhigh school districtsas provided.for in the precedingarticle (Art, 2922s) shall be classed as common school districts,and all other districts,vhether common or Independent,composingsuch rural high school district shall be referred to in thiz Act as elementary school districts;

. +
. Article 2922a provides,in paPt, as follovs~

n e Provided that the county school trustee ihill have the authority to abolish a real high school district on a petition signed by a majority of the voters of each elementary

district composing the rural high school district and where such districthas been abolished the elementarydistricts shall automatically,,Irevert back to their original status, a 0 a When school districtsare consolidated under provisionsof Article 2806 they cease, for most purposesHan, L. A. Woods, page 2 (V-562)

at least, to have any independent

. - . -..... existence, On the other nana, wnen school districtsare grouped-orone or more annexed to another under the authority of the rural high school district statutes,Articles 2922a to 2922L inclusive, to form a rural high schooldistrict, the former districts composing the rural high school districtdo not cease to have an independentexistence, State v. Cadenhead, 129 S.W.(2d) 743, (writ ref.); tiinity Inde endent School Dist. v. District Trustees,Etc,, 135 S-W, P26) 1021, (writ ref.); Weaver v. Board of Trustees of Wilson hd. Sch. Dist,, 184 S.W.(2d) 864. It **ha8** been held also that where a common school districthas been oonverted Into an independentschool district in accordance with incorporation statutes,the old common school district ceased to exist and an entirelynew districtwas created thereby; further, that all maintenancetaxes theretofore

voted by the common district ceased to be in force. (26) P ote Indep ndent School Dint. v. Dyer, 34 SOW. 578 fCom. App.7 followed in Bi School District v. Genard, 116 S-W, foot 26) Independent
in 129 S.W.(2d) 7 804, affirmed decision, 1213, Commissionof Appeals-memorandum

Thus, it is clear that when a county school board createsa rural high school district in accordance with Articles 2922a, et seq,, and where high school district under Article 2922b is classeda common school district, the districtswhich compose the rural high school districthave not ceased to have an independentor separate existence. In fact, Article 2922f provides that the county schoolboard shall not have the authority to abolish **OP** consolidate

any element= school districtalready establishedexceut upon a vote of a majority of the qualified-electors

residing in such elementarydistrict.Further, when a rural high school district classed ss com- ,mon is created, there is not thereby createda new common school district entity entitled to all the privileges of the laws applicableto common school districtsas commonly recognizedand understood,but rather there is thereby createda rural high school district (distinct in nature from a common school district) composedof severs~l exlating common and/or independentschool districts, which rural high school district is classed aa commonby ,Article

2922b to accomplishthe intendedpurpose of the real high school district statutes.

We quote **from** County Board of School Trustees v. Wilson, 15 S.W.(2d) 144, at pages 147 and 1488Hon. L. A, Woods, page 3 (V-562)

"The provisionsof chapter lgA, being remedial in their nature, shouldbe liberallyCOn8tPUedwith a view of correcting the conditionssought to be remedied, and e'ffectuating the intention of the Legislaturein enacting said chapter. To aCCOmpli8h such intention,$.t is thought said board should have the authority,after grouping certain diatriCt8, to add to the district thus formed, by again grouping or annexing other districts as nPovided in article 2922a;

upon scholasticpopulation]as-the changed conditions

may require. We think at the time the order of which complaintis made was entered the Ben Hur rural high 8ChOO~ diatPictwas a common school district within the meani 2922a and 2922b, ., o
We belleve'further that Article8 2757 and 2742j ppoviding the procedure for the incoPporation or conversion of common school districts into independentschool districtsare applicableand available only to common school districts created as such and which are subject to all the laws applicableto common school districts; that the provisionsof safd incorporation statuteswere neveP intended to be and are not available to rural high school di8tPicts classedas commonwithin the meaning of Articles 2922a and 2922b,

Article 2757 provides the ppocedure for the incorporation

of an independentschool district out of a common school diatzrict containing700 inhabitantsor moree Article 27423 pPovides the procedure for the incoPporationof an Independentschool distpict out of a common school district in which there ia~maintained a first class high school of twelve grades, ,offeringaixteen or more credits. We know of no statute 0P procedure by which a rural high school di8tPiCt as distin-Hon. L. A. Woods, page 4 (V-562)

guished from a common school districtray bb converted or changedby incorporation from s district containing several existing aommon and/or independent districts into a single newly created independentschool district 0 Furthermore,it has been held in Trinity Inde7endent Sch. Diat. v. Diatrfot TPuatees/Etc., 135 S.W, 26) 1021 (writ ref.), that where thePe hea been annexation of common **SOhO** diStriCta to an independentschool districthaving 250 **OP** more aoholastioa under the provi-~. aIOns of Artiale 29228, these annexations by virtue of the pPovisionaof Article 2922b have not changed the atatus of the independent district to’~a

rural high aahool district. CountyBoard of School Trusteesv. OPay, 142 S.W,(2d) 697, writ refused. But. it **hs8** been al80 held that where there ‘has been annexationof six common sahool districts to an independentschool districthaving 250 **OP** moPe acholastlas after an electionheld as required in Article 2922a, the district so cPeatedwas a PuPal high school diatriat compoaed,ofseven elementaPgschool districts, and was not, as contended,a single enlargstl independent school dintriat. Live Oak Count Bd “Etc.v, Whitastt Coasson

Sch.. Diat. 181 S.W.(2d) 816 {mif ref.); WeaveP v. Board of Trusteesof .Wilaon IM. SAh. Dist., 184 S.W;(2d) 864; Dawn Common School Diat. v. County Sohool Board, 205 S.W.(2d) 826, writ refused. Thus,,all school diatPiota oreatedby grouping under Article 2922a OP createdby grouping and/or annexation after **an** eleation held as mquired in Article 2922c, ape rural high school dlstrlcrta

classed as common by vlPtue of ths provisions of Article 2922b. In ahoPt, there is no such entity as a rural high school district **classed a8**  an independent

district OF vhiah, in the usual mesning of the tePm, ia an independentdistrict.

Article 2922a provides the pPoaednrefor tha abolishmentof a~Pura1 high school diatpiet, thus enabling the districts Composingan established rural high school district to revestto theip original status after which they may consolidate and incorporateIn aocoPdancewith applicable statutes.

Former AttorneyGeneral’sOpinion Bo. O-3424 being inconflict herewith, the same la withdrawnand OverPIlled

0

A rural high school districtmay not.

**HOIL** L. A. Woods, **page** 5 (V-562)

be incorporatedinto an Independentschool district, there being no applicablevtatatory provision.
Yours very truly, ATTORIiEX

GEREXAL OF.TFXAB

CEO: auf Chester E. Ollison Assistant

APPROVED: