A~~T~N~I.TEXA~ L_--. --- I -. I

Hon. L. A. Woods ODiIliODNo. v-591 State Superintendent Department of Education Re: Austin, Texas

Attn.: Hon. T. M. Trlmble

First Assistant

Dear Sir: Ellglbillty of voters residing in countyline schooldistricts to vote for certain county school trustees.

We refer to your recent requestmade at the instance of the County Sohool. Superintendentof Jim Wells, County for an opinion on the folldwing submitted .f%~ct,~:

San Diego~Independent School Dietrict is a county-line consolidated independent schooldistrict; its boundaries include area lying in Duvall County and extends into Jim Wells County to include
area lying in said county; the school dlstrict Is under the jurisdictionand administrative control of the Duval County School Board.

You request an opinion on the following submitted question:

“Whetherqualified voters living in Commissioner’sPrecinct No. 2, Jim Wells County, Texas, and residing in voting precinctNo. 

### 6, Jim Wells County,Texas, but residing within the San Diego Independent School District (partof which extends into Jim Wells County)may legally vote for the Jim Wells County School Trurtee for J~imWells County Commissioner’sPrecinct No. 2; end for County Trustee at large for Jim Wells County.”
Presumably, the San Diego Conrolidated Independent School District was created in accordancewithHon. L. A. Woods, page 2 (V-591)

Article 2742b, Sec. 5b, or Article 2742a, Sec. 5a, Vernon's Civil Statutem; and under the provisions of said laws, Duval Countywas designated the countyhaving supervision of said consolidateddistricts. See al80 Articles 2743 and 29228,V. C. 9.

Section 8 of Article 2742b,provider:

'One County Trustee shallbe elected from the County at large and one Proa each Commlssionern4nPrecinctbv the voters of the dlstrlctsm County Trusteesand no school district not under the suuervlsion of such ,trustee shall ion. (Acts 1927

x Pi phasis added throughout-this 228 &II: opinionI.
Article 2745a, also providing for the election of county trusteesby county-line school district voters, reads:

"At an election for county school trustees, all persons who are otherwisegualified to vote for county school trustees and, who reside in a county line school district shallbe entitled to vote for county school trustees of ths countyhaving management and control of such county line~district,even though such voters reside in that portion of the county line district lying outside of the countyhaving management and control of the county line district. Acts 1939, 46th Leg., P.S.)(H.B. No. 566,

Article 2676 a8 amended by Acts 1934, 43rd Leg., 2nd C.S., Chap. 48, Section 1, provides, in part, 88 follows:

"The general management and control of the public free schools and high schools in each county, unless otherwiseprovidedby law Shall be vestedin five (5) county school trustees elect,ed:from the county, one of vhom shallbe elected from the county at large by the qualified voters of the common and consolidated Independent schooldistricts of the county, and one from.each Commissioners'Precinctby the qualified voters of each Commis-Hon. L, A. Woods, page 3 (V-591)

sloners'Precinot.

. .'

It Is readily seen thathad it not been 'otherwise providedby law"Article 2676 would have been applicable in the determination of what countyboard would have the general menagement and control of the public free schools and high schools in each county and the deters&nation of the manner in which the county school trustees offices shouldbe filled in an electionheld for that purpose.

It is, however, otherwiseprovidedby law in Article 2742b, Sections 5a, 5b and Article 2743, that the general supervisionand control of a county-line school district shallbe In that countydesignated In the proceedings creating the county-linedistrict.

Further Section 8 of Article 2742b mpecifitallyprovidea (lj that only those voters 'under the supervision of the county trustees"may vote for the trustee at lar?e and a trustee from their Commissioners' Precinct, and 2) pervislon,,of "no school district& under the susuch trustees shallparticipate in their election. Accordingly, the voters residing in that portion of the San Die8o Independent SchoolDistrict which is In Jim Well8 ounty and which Is under the supervisionand control of Duval Countymay not legally vote for the designated county school trustees of Jim Wells County.

However, Article 2745a authorizer all persons vho are otherwise qualified to vote for county school trustees and who reside In a county-line school district 'to vote for county school trustees of the county having management and control of such county-linedistrict even though such voters reside In that portion of the county-linedistrict lying outside of the countyh&xing management and control of the county-linedistrict.

SUMMARY

The qualified voters residing in thatportion of the Consolidated San Diego Independent School districtwhich is in Jim Wells County, which district is und.erthe management and control of Duval County,may not legally vote forBoni~L. A. woods; page 4 (v-591) ~-,

the county school trustees of Jim Wells county. Article 2742b, Section 8, Vernon'r Civil **Statuter.**

**..:, .,** **~ Yours**  very **truly,**

ATTORNEY QEI'IERAL OF TFXAS

CEO:mw Chester E. Ollison Assls**tant**