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 incorporation statutes, Articles '2757 and 27423, as amended, incorporate 

itself into an independent school district. 

Article 2922b insofar as the same Is pertinent to this opinion provides8 

"Rural high school districts as provided.for in the preceding article (Art, 

2922s) shall be classed as common school 

districts, and all other districts, vhether common or Independent, composing such 

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 district has 

been abolished the elementary districts shall 

automatically,,Irevert back to their original 

status, a 0 a 

When school districts are consolidated under 

provisions of Article 2806 they cease, for most purposes 
Han, L. A. Woods, page 2 (V-562) 

at least, to have any independent . - . -..... 

existence, On the other 

nana, wnen school districts are grouped-or one 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 school district, the former 

districts composing the rural high school district do 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, P 26) 

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 district has been oonverted Into an independent school district in accordance 

with incorporation statutes, the old common school district ceased to exist and an entirely new district was 

created thereby; further, that all maintenance taxes 

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, Commission of Appeals-memorandum 

Thus, it is clear that when a county school 

board creates a rural high school district in accordance 

with Articles 2922a, et seq,, and where high school district under Article 2922b is classed a common school district, the districts which compose the rural high school 

district have not ceased to have an independent or separate existence. In fact, Article 2922f provides that the 

county school board shall not have the authority to abolish 

OP consolidate any element= school district already established exceut upon a vote of a majority of the qualified-electors residing in such elementary district. Further, when a rural high school district classed ss com- 

,mon is created, there is not thereby created a new common school district entity entitled to all the privileges 

of the laws applicable to common school districts as commonly recognized and understood, but rather there is 

thereby created a rural high school district (distinct 

in nature from a common school district) composed of severs~l exlating common and/or independent school districts, 

which rural high school district is classed aa common by 

,Article 2922b to accomplish the intended purpose 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 1488 
Hon. L. A, Woods, page 3 (V-562) 

"The provisions of chapter lgA, being remedial in their nature, should be 

liberally COn8tPUed with a view of correcting the conditions sought to be remedied, and e'ffectuating the intention 

of the Legislature in 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 scholastic population] as-the changed conditions may require. We think at 

the time the order of which complaint is 

made was entered the Ben Hur rural high 

8ChOO~ diatPict was 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 independent school 

districts are applicable and available only to common 

school districts created as such and which are subject 

to all the laws applicable to common school districts; 

that the provisions of safd incorporation statutes were 

neveP intended to be and are not available to rural high 

school di8tPicts classed as common within the meaning of 

Articles 2922a and 2922b, 

Article 2757 provides the ppocedure for the 

incorporation of an independent school district out of 

a common school diatzrict containing 700 inhabitants or 

more e Article 27423 pPovides the procedure for the incoPporation of an Independent school distpict out of a 

common school district in which there ia~maintained a 

first class high school of twelve grades, ,offering aixteen 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 district ray bb converted 

or changed by incorporation from s district containing 

several existing aommon and/or independent districts into a single newly created independent school district 0 

Furthermore, it has been held in Trinity Inde7 

endent 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 independent school 

district having 250 OP more aoholastioa under the provi-~. 

aIOns of Artiale 29228, these annexations by virtue of 

the pPovisiona of Article 2922b have not changed the 

atatus of the independent district to’~a rural high aahool 

district. County Board of School Trustees v. OPay, 142 

S.W,(2d) 697, writ refused. But. it hs8 been al80 held 

that where there ‘has been annexation of six common sahool 

districts to an independent school district having 250 

OP moPe acholastlas after an election held as required in 

Article 2922a, the district so cPeated was a PuPal high 

school diatriat compoaed,of seven elementaPg school 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 Trustees of .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 oreated by grouping under Article 2922a 

OP created by 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 independent district. 

Article 2922a provides the pPoaednre for tha 

abolishment of a~Pura1 high school diatpiet, thus enabling the districts Composing an established rural high 

school district to revestto theip original status after which they may consolidate and incorporate In aocoPdance with applicable statutes. 

Former Attorney General’s Opinion Bo. O-3424 

being inconflict herewith, the same la withdrawn and 

OverPIlled 0 

A rural high school district may not 
. 

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

be incorporated into an Independent school 

district, there being no applicable vtatatory provision. 

Yours very truly, 

ATTORIiEX GEREXAL OF.TFXAB 

CEO : auf Chester E. Ollison 

Assistant 

APPROVED: