### Honorable Charts 8. McMllaa

County Attorney, &a **Atqu8t.b County**  **Sua Au~tiae,**  **Teaar**
**Dew sir:**  

### opitiionNo. 04733 Reti-

### Pwvarof the County Rchool I !Truotea8 to qpaint Atrustee 

### 5 where two l loctioa8 hava re

### ivulkd in~tiovotee. and rokted 

### :quo8Uono. 4 W* halo your letti? of Jut&e ZB.:

### 1941,&Which you 

### askottr opinion ti certain quorlionr **raiding t$**  **tha** Wbito Rock **Common** School District of SanAugustine Coyty., 

### Weappreciate the citation of 8uthoritiea and

### tke dircur&m coatnkod in your latter.

Your firrt **quertloa** roldes 

### to **t&e right**  **of the**  **County** ZjchooA 

### Trustees to appoint a trustee of Y;hite R*k Common school District, **under** 

### %hafollowing 

### cSraumstute*ot ‘:

‘In t&i 

### ‘WhiteRock Common &hod District of Ran **Attguotiuo Cmtnty,**  **Totas an**  **election was**  held to elect **one trustee**  

### for **the next** 

### throo years, the slaction being 

### held at ths aamo tiDu as ail othercommon rchool dir

### trict truster elections were held throughout the State. Thio olectioa nrulted ln a tie; anotkmcG&ion was held and 

### it also tcrultod in * ties the CountylBoard of Scia001 

### Trustooo then appointed a peraoa to fiti @is of&e, and who hso qualjfied.. 

### Frorn~your 

### letter it 

### also ttypoaro tlbt the

### truatur whose 

### term Ime orpired 

### hrr coatknued to act IIEtrustee, and that the olfiiceha* not become vacant unlerr 

### it was vacated by the ~OxpiraUond the **term of**  ~offlcs **or the**  **fact that**  each **d tha**  **two**

### olocti6ho **#or a**  **flow trustee**  **re sulted**  **kr** 

### a **tie.**

**Our** opinioa Ir 

### thatthe County School 

### T@totrer had no authority to appoint **a truatec**  aftur the two ele~tiono 

### had rslvulted in a tie wta. Under the ruling 

### in our opinkm 

### No, Q-17, the truetea continuns to hol,dhis office until himtucceo~or hm bee&k legally elected ond qunlifice. 

### Them ir therefore 

### novacancy in the office **rroulting** from **tho** oxpiration of the **term** of offieo. **Nor** would the fact tht ho election@ havmroaulted in **tia** vote@ease a ncmmy to occut. As WI)shave**r&d** in 

### our opinion 

### No. 047, a tie vote la 8a rlection #pr l trurtoe 

### for b~commoaHonorable 

### Charler 8. bAcMil1~~ page 2

rchool district merely hamthe 

### effect under Article 

### 2953, Vernon% Annotated Civil Statutes, 

### of rendering **the** election void and 

### making another election 

### nccermary. Inour opinion. both electiona resulting in tie votes **are** void, and a new election rbould be called. as provided in Article 2953, and should be conducted aa directed inArticles 2745, 

### 2746 and 2746a, ~orntm’s Annotated Civil 

### Ktatutes. SQO 

### our opinion o-17. Wefind **no** authority 

### for the appointment of a truntee by the County School Trustees. in this situatioa. Article 2747, Vernon’8 Annotated Civil Statutes, provide8 for an appointment by **“ the**  county board of education’ only in case of a vacancy in the office; and in 

### our opinion no

### vacancy has occurred, since the incumbent continues to hold the office until hi8 lc ceemorhambeen

### properly elected and qualm ifies. 

### The attempt **of**the County School 

### Trutttees to appoint a trusteo ie, 

### bwofore, in our opinion, without legal authority and void.



### Your second 

### question relate8 to thevalidity of a contract enterod into between two mombera 

### ofthe district rchool board, lneluding 

### the trumteo whose term had expired, with 

### a teacher for the 

### l nmtiay year. Inthis 

### coanection you maka 

### the following statdmont;
“Daforo the time of appointment of the trustee by the County 

### Board. a contract warnentered into b&wean 

### two members 

### of the ~cbool board of the district, 

### one whose **term** had not enpirsd, and one whore 

### term bad expired, but no one had succeeded him, with a teacher, and ouch

### contract was filed with the County 

### !%perintendent. The third mambor 

### ofthe school 

### board, 

### whose **krm** had 

### not expired, did 

### not Joinin the contract..
Your question is whether 

### the **trustee** whose **term** had 

### l xpirod and whose s~~ces~~~ 

### had notbeen elected and qualified, could lawfully join in the **making** of such a contract.

Our opinion ir that thatrustee may Iawf* 

### coatinue tojoin 

### in such contracta until his 

### wccosaor haa bean elected. See 

### our Cj*inion No. C-04. Since both electiona have been void, there is no 

### “newly elected 

### trustee,* and under out said opinion, 

### the trwtae may continue to act until his 

### mtcceesor ban been Aawfully elected, inoohr 

### as ouch 

### contract@armconcerned.

Your third question **relatem**to the attempted execution of a contract by 

### the

### pereon appointed by the County School Trusteea, and aaother **truetoo. In**  **this connection**  **you**

### make **the**following atatemat1 “After the appointment of thetruetee 

### by the County Board of School Trustees, who wal a different person, and 

### after his qualifying for ruch office, the new truetee and the 

### trwtae who refused 

### tojoin 

### in the first 

### contract entered into a now 

### contract with another teacher 

### for the sama prlod 

### of time; the contract 

### wao alro filed in the office of 

### th Couatv SumrhtendoaL”

### . - ,.. I ,~: (.: I

, Honorable. Cbarlee 8. McMillan, page 1



### Your third questton in substance io whether SenatoDilA No. 126 of t&e 47th 

### Le&teloture, Regular tission, has 

### any effect 

### on the validity of the contract Joinedin by the trustee who holds over aftor the expiration of Ns term, inview of the attempted 

### appointment of 

### another trurteo by the County Doard of Gduoation and thejoining by 

### tbim

### appointee in the execution ofa contract with another teacher. Section 1of 6-U Bill l26, 47th k,gialature, ~eguhr Soeoion, reads aa follows:

*Section 1. That 

### trueteee of any Common School Dietrict or Coneolidated 

### Common School District shall 

### ham authority to make contracts for a period of time not in excess of two (2) 

### years with prfncipals, superintendents, and teachers of said Common !ichoolDiotricts 

### or Consolidated 

### Common ’ School Districts, provided 

### that such 

### contracts rhall be approved by the County Superintsndent. No contract 

### may be sianed by tb Trusteea of Commou School 

### Dlatricte or Common Consolidated jrbool Dietricto until ths newly electad trumtea or trueteos have qualified and taken the oath of Office:
Vie have already expressed 

### our opinion 

### that the contract Joined in

### by the trustee who holds over. ia lawfully authorized, +r 

### agree with

### your conclusion that there is nothing in Scnata tiAANO. 126, Iicgular Sassion, 47th 

### Logidatura, which 

### would affect our ruling !n our Opinion No. Q-04. The attempted appointment of the trustee by the County 

### tioard of Lducation heing void, the atlempted contract in which this appointee joined would be void. Senate Dill No. 126containe substantially the same provisions as Article 2740a, Vernon’s Annotated 

### Civil Statuter, which was the basis of **our** Opinion No. O-04, 

### and the 

### changes tn the language of the 

### rtntuta made by Sonate Dill No. 126do not

### affect **our** 

### conclwion as applied 

### to the 

### l ituation,met forth in your 

### request. Weattach hereto 

### co&o of our 

### Opinions Noa. O-04 and 

### 047. Very 

### truAyyours ATTORNEY GENGRAL OF TZXAS By /a/ 

### Jamem P. Hart



### Jamer *. iiart, 

### Aeeia&nt JPN:EP$b $fr;;t;e,“:;;;,‘,‘“’ First Assistant 

### Attorney Cionorai ENCLOSURES Approved Opinion 

### Committee By BWB Chairman