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

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Hon. L. A. Woods ODiIliOD No. 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 school districts 

to vote for certain 

county school trustees. 

We refer to your recent request made at the 

instance of the County Sohool. Superintendent of Jim 

Wells, County for an opinion on the folldwing submitted 

.f%~ct,~: 

San Diego~ Independent School Dietrict is a county-line consolidated independent school district; 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 jurisdiction and administrative control of the Duval County School Board. 

You request an opinion on the following submitted question: 

“Whether qualified voters living in 

Commissioner’s Precinct No. 2, Jim Wells 

County, Texas, and residing in voting precinct No. 6, Jim Wells County, Texas, but 

residing within the San Diego Independent 

School District (part of which extends into Jim Wells County) may legally vote for 

the Jim Wells County School Trurtee for 

J~im Wells County Commissioner’s Precinct 

No. 2; end for County Trustee at large 

for Jim Wells County.” 

Presumably, the San Diego Conrolidated Independent School District was created in accordance with 
Hon. 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 County was designated the county having 

supervision of said consolidated districts. See al80 

Articles 2743 and 29228, V. C. 9. 

Section 8 of Article 2742b, provider: 

'One County Trustee shall be elected 

from the County at large and one Proa each 

Commlssionern4n Precinct bv the voters of 

the dlstrlcts m 

County Trusteesand no school district not 

under the suuervlsion of such ,trustee shall 

ion. (Acts 1927 

x Pi 

phasis added throughout-this 

228 &II: 

opinion I. 

Article 2745a, also providing for the election 

of county trustees by county-line school district voters, reads: 

"At an election for county school trustees, all persons who are otherwise gualified to vote for county school trustees and, 

who reside in a county line school district 

shall be entitled to vote for county school 

trustees of ths county having 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 county having 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 otherwise provided by 

law Shall be vested in five (5) county school 

trustees elect,ed:from the county, one of vhom 

shall be elected from the county at large by 

the qualified voters of the common and consolidated Independent school districts of the 

county, and one from.each Commissioners' Precinct by the qualified voters of each Commis- 
Hon. L, A. Woods, page 3 (V-591) 

sloners' Precinot. . .' 

It Is readily seen that had it not been 'otherwise provided by law" Article 2676 would have been applicable in the determination of what county board 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 should be filled in an election held for 

that purpose. 

It is, however, otherwise provided by law in 

Article 2742b, Sections 5a, 5b and Article 2743, that 

the general supervision and control of a county-line 

school district shall be In that county designated In 

the proceedings creating the county-line district. 

Further Section 8 of Article 2742b mpecifitally providea (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 shall participate in their 

election. Accordingly, the voters residing in that 

portion of the San Die 

8 

o Independent School District 

which is In Jim Well8 ounty and which Is under the 

supervision and control of Duval County may 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-line district even though such voters reside In that portion of 

the county-line district lying outside of the county h&xing management and control of the county-line district. 

SUMMARY 

The qualified voters residing in 

that portion of the Consolidated San 

Diego Independent School district which 

is in Jim Wells County, which district 

is und.er the management and control of 

Duval County, may not legally vote for 
Boni~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