EA 

OF XAS 

October 10, 1961 

Honorable Albert Hutson Opinion No. WIW-1161 

Countv Attornev 

Triniiy County" 

Groveton, Texas 

Re: !Whether the County School Boards 

of Trinity and Walker Countles, 

under the provisions of Article 

2742f, Section 1; have the authority to detach territory situated wholly in ?Jalker County 

from an independent school district wholly in Walker County 

and attach such territory to 

another independent school disDear Mr. Hutson: trict situated in both counties. 

Your letter of September 19, 1961, submits the following inquiry: 

"Under the provisions of Article 2742F, Section 1, Revised Civil Statutes of Texas, do the 

County School Boards of Trinity and Walker Counties 

have the power to detach territory situated wholly 

in Walker County from an independent school district 

situated wholly in Walker County and attach such 

territory to another independent school district 

situated partly in k?alker County and partly in 

Trinity County, provided the otherrequirements 

of such statute are complied with?" 

The power of county boards of school trustees to trans- 

.fer territory from or to a county-line independent school district 

emanates from Section 1, 

which reads as follows: 

Article 27&2f, Vernon's Civil Statutes, 

"Section 1. In each county of this state the 

County Board of Trustees shall have the authority, 

when duly petitioned as herein provided, to detach 

from and annex to any school district territory 

contiguous to the common boundary line of the two 

districts; provided the Boa,rd of Trustees of the 

district to which the annexation is to be made,approves, by majority vote, the proposed transfer of 

territory and provided, further, that where the 

territory to be detached exceeds ten per cent (10s) 
Honorable Albert Hutson, page 2 (~-1161) 

of the entire district the petition must be signed 

by a majority of the trustees of said district in 

addition to a majority of the qualified voters of 

the territory to be detached. The petition shall 

give the metes and bounds of the territory to be 

detached from the one and added to the other district and must be signed by a majority of the 

qualified voters residing in the said territory 

so detached. Upon receipt of the said petition, 

duly signed, and upon notice of the approval of 

the proposed annexation by the Board of Trustees 

of the district ,to which the territory is to be 

added, the County Board off Trustees shall pass an 

order transferring the said territory and redefining the boundaries of the districts affected 

by said transfer, the said order to be recorded 

in the Minutes of the County Board of Trustees, 

provided that no school district shall be reduced 

to an area of less than nine square miles.' 

First, as you note in your letter, the exercise of 

this power conferred by the statute must be in strict compliance with the mandatory provisions of the statute or it will 

be void. Wortham Independent School District v. State ex rel. 

Fairfield Consolidated Independent School District, 244 S.W. 

2d 838 (Civ.App. 1951, err. ref. n.r.e.). Assuming strict 

compliance is achieved, your inquiry relates to whether the 

county school boards in question can detach territory situated 

within a single county from an independent school district 

wholly within that county and,attach it to a so-called "countyline" independent school district. 

Ik!e are of the opinion that your question should be 

answered in the affirmative as such action has in effect been 

upheld by the Supreme Court in the case of South Taylor County 

Independent School District v. Winters Independent School District, et al, 151 Tex. 330, 249 S.W.2d 1010 (1952). The Supreme Court, speaking through Justice Sharp, said in part: 

"Petitioner concedes that if the action of the 

County Board of School Trustees of Taylor County, 

Texas, in transferring the territory to Winters 

Independent School District was complete and final, 

and incompliance with Article 2742f, the decisions 

of the Court sustain the transfer of the territory 

to the Winters Independent School District." (Citing 

\:einert Indep. School Dist. v. Ellis, 52 S.W.2d 370 

(Civ.App. 1932), Mathis Independent School District 

v. Odem Inde 

(Civ.App. 

endent School District,, 222 S.W. 2d 270 

19 5 9). 
L ’ 

Honorable Albert Hutson,~ page 3 (~-1161) 

Further, in the case of Dibrell Waldrip, et al v. 

County Board of School Trustees of Guadalupe County, et al, 

307 S,.!!.2d 158, err. ref. (Civ.App. 1957) substantially the 

same problem as you present was before th& Court, which in 

upholding the action, said in part: 

"A majority of the resident voters of the 

Staples Area pet-itioned the County Board of School 

Trustees of Guadalupe County for such detachment 

and annexation, under the provisions of Art. 2742f, 

Sec. 1, Vernon's Ann.Civ.Stats. After a hearing, 

said County Board granted such petition.and entered 

its order detaching the area from the Ceguin District and attaching it to San Narcos District. This 

order was authorized by the above statute and was 

legal in every way. . . .<' 

Therefore, you are advised that the County School 

Boards of Trinity and Walker Counties would have the power to 

detach territory situated wholly in Walker County from an independent school district and attach such territory to another 

independent school district situated partly in Walker County 

and partly in Trinity County, provided the other statutory 

requirements are complied with. 

SUMMARY 

County School Boards have the power to detach 

territory situated wholly in one county from an independent school district situated wholly in that 

county, and attach such territory to an independent 

school district located partly in both counties 

provided all other requirements of Section 1, Article 2742f, V.C.S., are strictly complied with. 

Very truly yours, 

BY 
Honorable Albert Hutson, page 4. (~-1161) 

AFPROVED: 

o.CINION COMMITTEE 

9:. V. Geppert, Chairman 

N. Ray Scruggs 

Bob Shannon 

Slmer XcVey 

John C. Steinberger 

REVIENED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.