### THEATTORNEYGENERAL OFTEXAS

February 21, 1950

Eon. Eulon c. Hall County Attorney Grimes county Anderson, Texas

Dear Sira Opinion Ho. V-1011. Rer Authority of County School’ Board under Art. VIII,‘S;B. 116, Acts 51st Legi, R.S. 1949, ch. 

### 334,

p.625,to consolidate an independent school district with an adjoining district, under the submitted facts. Your request for an opinion reads, in part, as followsr

“In the Plantersvllle Independent School Mstrlct, @rimes County, Texas, a white school has not been maintained for several years, but a negro school has been maintained and la still in operation., The scholastic census taken April 1, 1947, disclosed that there were a greater numberof negro scholastics than 

### whites, but the bensus of April 1, 1948 revealed that there were morewhites than negroes, as did also the census of April 1, 1949. In other words, to clarify, here was the situation for the past three years.

“1947-48 Negroes had the greater numberof enumerated scholastics. Anegro school wasmain; tained, but nowhite school.

“1948-49 Whites had the greater number of enumerated scholastics. Anegro school wasmaintained, but nowhite school.

“lg49-50 Whites have the greater numberof enumerated scholastics. Anegro school is being maintained, but nowhite school.’ The following twoquestions are presented%

51st i;, 

### UnderArticle VIII, S.B. 116, Acts

., 1949, B.S., Ch. 334, p. 625 (Art,.

Hon. Hulon C. Hall, page 2 (V-1011)



### 2922-18,V.C.S.) does the County Sohool Board of 

### GrimesCounty have the authority to consolidate the Plantersvllle I.S,D, with an adjoining district at this time? 

### 2, Uhenmaythe Couuty School Board of ffrlmes County exercise Its consolidation authority with respect to the Plantersville I. S.D. under existing law? Insofar as pertineat to this opinion, Article VIII of Senate Bill 116, Acts slat Leg., R.S. 1949, ch. 

### 334,p, 

### 625 (Art, 

### 2922-18,V.C.3,) ppovideso

“within thirty 

### (30)days from the effective date of this Act, the County Board of Trustees 

### ofthe several couuties of the State are hereby authorlsed andvequlred to consolidate by order of said Board each dormant school district wlthln the county (as helseln defined) with an adjoining district OFdisttiiCtse The terra “dormant’ as used.hereln shall meanany school district that fails, for auy two (2) successive years subsequent to 1946-47 school year, to operate a school in %hedistrict for the race having the greater number of enumerated scholastics in %hedlstpict 00 *a In opinion 190~

### V-855,this office held that the fact that the Legislature defined “dormant” to apply to any school district tha%fails for an two successive 

### yearssubsequent to the 1946-1947 SC001year, implies 3 that the power of the county board to consolidate thereunder shall continue beyond the thirty days from the effective date of Senate Bill 116, If the Legislature intended the provision to apply onl1 to school districts dormant in the school years 1947- 

### 8and 1948-49, It would have clearly and expressly so provided,

In opinion Ro. 

### v-856,which also construed AP- ,ticle VIII of Senate Bill 116 weheld that although the Legislature used the term “19$6-1!34i’ school year,’ Its :intentlon, considering the Act as a whole, was to refer to the school term which coavaencedIn the Fall of;.1946 and ended in %mprlng of 1947, Therefore, if a school district hadnot operated a school for the zv3cehaving the greater numberof scholastlos for two successive years subsequent to the school term which began in 1946 and ended in the Zipping of lq4vs such distrfct would be. ;
Hon. Hulon C. Hall, page 3 (V-1011)

a “dormant’ district under and subject to the provisions of Article VIII.

The samemeaningwhich wehave given to the term “school year’ as used in Article VIII, should be applied to the word “year” as used In the samesentence defining “dormant” andfound In the phrase “for any two (2) subsequent years.” Watlonal Surety Corp. vb Ladd, 131 Tex.295, 115 S;W.2d~600 [lg38) 39T J 201 Statutes, Sec. 108. Therefore, if ’s soh% d%rict’has not operated a school for the race having the greater number 

### ofenumerated scholastics for two successive annual school terms, subsequent to the school term which began in 1946 and ended $n the Spring of 1947, such a dlstrlct would be a “dormant” district subject to the consolidation provisions of Article VIII of Senate Bill 116. Under the facts submitted, the Plantersvllle District does not presently fall within the statutory definition of a “dormant’ school district. This is true for the reason that there has been operated a school for the race (negro) having the greater number of enumerated scholastics In the district in one of the school terms (1 47-48) 19 6-1947 $ of the two successive years subsequent to the

school year, Since the whites did not have the greater number of enumerated scholastics fn the school year 1947-48, there has not been within the two school years subsequent to 1946-47 two successive years whenno school was operated In the district for the race having the greater number of enumerated scholastics. Thedistrict not presently being “dormant,’ as defined in the Act, the County School Board of Grimes County is without authority at this time to consolidate the,Plantersville District with an adjoining district OPdistricts.


### Wetill nowconsider thensecond question presented. Underthe facts submltted, the whites had the greater number of enumerated soholasti.cs during the 1948-49 school year, but nowhite school wasmaintained’

. In the district for that year. In the present school year orterm, 1949-50, whites have the greater numberof enumerated scholastics, and again nowhite school is being maintained in the district, Byvirtue of the provisions of Artiole VIII, as construed in opinion V-856 andherein, weare of the opinion that authority will lie In the County Board to consolidate Plantersville Mstrlct tith another district or districts following the‘

.

Hon. Hulon C, Ball, page 4 (V-10111

termkmtion of its 1949-50 school tera in the Spring of 1950. l%ls is true for the Peason that thePe till then have been two successive annual school terms, subsequent to the s&o01 term which began in 1946 and ended in the Spring of 1947, in which no school was operated fop the Pace'baving the greatest numberof enumerated scholastics. The district's enumerated scholastios for the school year 1949-1950 is that detemdned by the scholastlc~census takefi.zig~l949-in accordance with Articles 2816-2822, inclb, V&3,, and not by the census to be taken and determined in 19500

Underthe facts submltted, the Planters; ville Independent.District Is not a "doP@mt" dlstrlct~aa defined in Article VIII,of Senate Bill 116, Acts 5lst Leg,@,R.S. 1949, ch, 334* p. 625, and the county School Board of Grlmes County is without authority as of the pPesent tZmeto consolidate such district tith an adjoining di8trict or disttictsi Under the existing facts, the Board will be vested with authorLty to consolidate such district following the termination of its 1949-1950 School terpl in'the Spring of 1950. Art, 2922-18, V. C.S.; A. G, Opinions Was, v-855 and 856. Yours very truly,

APPROVED% 17;C, Davis, Jr, county Affairs Division PRICEDAEIBL Atttorney GenePal,

Charles D, Mathews Executive Assistant CEO:mwobh Chester Ei Ollison Assistant