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 number of negro scholastics than whites, 

but the bensus of April 1, 1948 revealed that 

there were more whites 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 number of enumerated scholastics. A negro school was main; 

tained, but no white school. 

“1948-49 Whites had the greater number of enumerated scholastics. A negro school was maintained, but no white school. 

“lg49-50 Whites have the greater number of enumerated scholastics. A negro school is being 

maintained, but no white school.’ 

The following two questions are presented% 

51st i;, 

Under Article 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 Grimes County have the authority to consolidate the Plantersvllle I.S,D, with an adjoining district at this time? 

2, Uhen may the 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 of the several couuties of the State 

are hereby authorlsed and vequlred to consolidate by order of said Board each dormant school 

district wlthln the county (as helseln defined) 

with an adjoining district OF disttiiCtse The 

terra “dormant’ as used.hereln shall mean any 

school district that fails, for auy two (2) 

successive years subsequent to 1946-47 school 

year, to operate a school in %he district for 

the race having the greater number of enumerated scholastics in %he dlstpict 0 0 *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 

years subsequent to the 1946-1947 SC 3 001 year, implies 

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 onl 

1 

to school districts 

dormant in the school years 1947- 8 and 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 we held 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 coavaenced In the Fall of;.1946 

and ended in %mprlng of 1947, Therefore, if a school 

district had not operated a school for the zv3ce having 

the greater number of 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 same meaning which we have given to the 

term “school year’ as used in Article VIII, should be applied to the word “year” as used In the same sentence 

defining “dormant” and found In the phrase “for any two 

(2) subsequent years.” Watlonal Surety Corp. vb Ladd, 

131 Tex.295, 115 S;W.2d~600 [lg38) 39 T J 201 

Statutes, Sec. 108. Therefore, if’s soh% d%rict’has 

not operated a school for the race having the greater 

number of enumerated 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 

when no school was operated In the district for the 

race having the greater number of enumerated scholastics. 

The district 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 OP districts. 

We till now consider then second question presented. Under the facts submltted, the whites had the 

greater number of enumerated soholasti.cs during the 

1948-49 school year, but no white school was maintained’. 

In the district for that year. In the present school 

year or term, 1949-50, whites have the greater number of 

enumerated scholastics, and again no white school is being maintained in the district, By virtue of the provisions of Artiole VIII, as construed in opinion V-856 

and herein, we are 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 number of 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 

Under the 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 

tZme to 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 

PRICE DAEIBL 

Atttorney GenePal, 

Charles D, Mathews 

Executive Assistant 

CEO:mwobh 

Chester Ei Ollison 

Assistant