March 21, 1958 

Honorable L. F. Benson, 

Criminal District Attorney, 

Galveston County Courthouse, 

Galveston, Texas Opinion No. WW-395. 

. 

Dear Mr. Benson: 

Re: Does the existence of an 

inactive Junior College 

District, comprising only 

a portion of a county, 

preclude the establishment 

and operation ofa Junior 

College District embracing 

the entire county under 

Article 2815h, Vernon's 

Annotated Civil Statutes, 

and related questions. 

In your letter of March 7, 1958, you request our 

opinion on two questions which are substantially as follows: 

(1) Does the existence of the inactive 

Galveston Junior College District, which is 

established within the boundaries of the City 

of Galveston and the Galveston Independent 

School District (comprising only a portion of 

Galveston Island) prevent the establishment and 

operation of the Galveston County Junior College 

District, which embraces the entire County of 

Galveston, as provided by Article 2815h, Vernon's 

Annotated Civil Statutes? 

(2) If so, what, if any, is the legal 

process for dissolving the present Galveston 

Junior College District? 

You state that the Galvestop Junior College District 

was established pursuant to an election held on November 2, 

1935, but the maintenance tax proposal was defeated in the 

election of June 27, 1936. Therefore, such district has never 

established or operated a junior college, and we assume that 

there has been no other activity conducted by such district. 
Honorable L. F. Benson, Page 2 (l'W%%). 

You further state that on March 3, 1958, the State 

Board of Education approved the Galveston County Junior College 

District, which is co-extensive with the boundaries of Galveston County, and which embraces the territory of' the inactive 

Galveston Junior College District. 

Article 2815h, Vernon's Annotated Civil Statutes, 

devolves upon the State Board of Education the duty of determining the need for a junior college in a particular area 

(Section 1); that such college serves the public'convenience 

and necessity (Section la); and the feasibility and desirability 

of establishing such a college (Section 3; and In numerous other 

section of such Article). 

Since there is now no existing, active, operating, 

actual junior college conducted by the Galveston Junior College 

District, in our opinion, the approval by the State Board of 

Education of the Galveston County Junior College District, 

which proposes to place Into operation an actual operating 

junior college, was a proper exercise of the discretion of the 

State Board. The Legislative scheme, revealed in Article 

2815h, Vernon's Annotated Civil Statutes, envisions the creation and operation of a junior college which, in fact, supplies 

a public need by complying with Section 12 of suoh Article: 

"A Junior College as here considered must 

consist of the Freshman and 'Sophomore college work 

taught either separately or in conjunction with the 

Junior and Senior years of the High school, and the 

course of study must be submitted and approved by the 

State Department of Education before It may be offered." 

In our opinion, the Legislature did not intend that 

a present public need go unsatisfied because the electorate 

then, in the former attempted creation of a junior college in 

only a portion of the proposed area, was unwilling to levy a 

tax to meet the need as it may have existed some twenty-three 

years ago. 

We are of the opinion that the controlling question 

as to propriety of the creation of the Galveston County Junior 

College District, encompassing the whole of Galveston County, 

and the actual operation of a Junior College thereby is governed 

by the present need, as may be found by the State Board of Education, and by compliance with the organizational and operational 

provisions of applicable statutes. ,Furthermore, we are unable 

to find a prohibition against the boundaries of one junior 

college district as now proposed,, overlapping the boundaries of 

such a district as now exists. 
Honorable L. F. Benson, Page'3 (W-395). 

Your first question'is answered In the negative. 

Attorney General's Opinion No. V-1221 (1951) establishes that, absent specific authority and statutory procedure 

to effect a dissolution of an existing junior college district, 

there is no authority or procedure prescribed for, or to effect 

such dissolution. Article,2815q, authorlzing.the dissolution 

of union junior college districts, in the manner provided by 

Article 2767, Vernon%! Annotated Civil Statutes, would not 

apply to the Galveston Junior College District,, as is shown 

by the above cited Attorney General's Opinion. 

Therefore, in answer to your second question, In our 

opinion, there is no present legal process for dissolving the 

present Galveston Junior College District. 

SUMMARY 

The existence of the Inactive 

Galveston Junior College District, 

established within a portion of 

Galveston County, would not ,prevent 

the establishment and operation of 

the Galveston County Junior College 

District embracing the entire county 

of Galveston, as provided by Article 
Honorable L. F. Benson, Page,4 (WW-3%). 

2815h, Vernon's Annotated Civil Statutes; 

and the existing inactive Galveston 

Junior College District may not be 

abolished under existing law. 

Very truly yours, 

WILL WILSON 

Attorney General of,Texas 

By c$%L & 

Tom I. McFarling 

Assistant 

TIM:pf 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. Arthur Sandlin 

L. P. Lollar 

Fred Werkenthin 

B. H. Timtnlns, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

By: W. V. Geppert.