/:: 

. 

Hon. L. A, Woods 

state Superintendent 

Department of Education 

Austin, Texas 

opinion lo. 'Y-&j0 

Be: Consolidation o? 

Springlake Park Cornman Sohool District 

Ho. 19, and Texarkana 

Independent School 

Dlstriat, both.ia 

Bowie County, and related questions. 

' Dear str: 

We refer to your recent request from which we 

qllote In part: 

"'lb Board of Trustees of Texarkana ; 

Inde ndent School District iri Bow&e County, &as " 

desires an offfcial

’ruliag on 

the legal'quest&ons herein propounded. 

?l!he facts: The Texarkana Independent 

8ohobl District was created by special bet 

,.of the Legislature of the State of T-as by 

Senate BI11"lio. 9, Third Called Session of 

the 36th Legislature. The Texarkans Independent School.Dlstrict, aubse@&nt to the 

above act of the Legislature, has e.%iet&d 

and is now In legal existentie and discharging appropriate functions through its Board 

of Trustees. 

"The Texarkana Independent School Diatrlct, by appropriate and legal action, has 

added some territory to the area originally ', : 

incorporated in said district. 

"During the year 1927 the Board of 

Trustees of the Texarkana Independent School 

District, through legal and appropriate action, established ths Texarkana Junior College nlthin the boundaries of the Texarkana 

Independent School District, and at all tlmee 

. 
. 

.I&& L. A, Woods, page 2 (V-650) 

subsequent thereto the Texarkana Independent School District has operated and maintained and there has functioned an accredfted and approved junlo~ colleges within the 

Texarkana Independent School District, the 

said college being under the superqlslon, 

direction and control of the Board of Truetees of the Texarkana Independent School 

District. 

“The qualified property tax paying votem of the Texapkana Independent School Dlstplct have voted a special tax fop the supE 

art and maintenance of the Texarkana Junior 

ollsge 9 

“Springlake Park Common School Dlstr&t 

No. 19 in Bowie County, Texas, adjoins and 

has a common boundary line with the Texarkana Independent School District for approx- 

,imatelg one-half of the bouudary line of eaid. 

Goamon School Distpic%., Said Common School 

Dfstrict was created and the bowwlarlea thereof legally fixed py an ordep of the, ColrissionepsO Court of Bow10 County; Texas, during 

the year 1915, and said Dlatrict has functloned as a Common School District at all times 

subsequent thereto. 

"Many interested oitizens living with%; * 

S ringlake 

1 8 

Part Common School District NO, 

in Bowie County, Texas, desire said Coaman School Dlstriot to be annexed to and beoome a 

f? 

rt of %he Texarkana Indegendent 

School istrlot and Texarkana Junlo~ Colle e Dl8tpQt and the QUi?pOSe of this in-. 

qu f ry Is to determine how said consolidation 

may be legally effected and therefore’the 

followlag questions: j’. 

. *1. Can the Sprl lake Park Gomrmn 

School Mstpiot Eio. 19 7 P Bowfe County, Toxae, ‘i ,. 

be legally consolidated to and w%th the Tuarkana Independent Sohool Diatrict and Texarka~ JUANP Golle o Metrlat In the yII11) 

gpovided for la Art f cle 28G6. VernonDI &metatod Stat.uteap Pocket Pasta; Acts 1 

P 

5, 49th 

k@lslrturs, ?age 4&6, Chapter 264# rotlon 

at 
. 

., 

#a#, it A. WOoda, page 3 (V-650) “2, If the above section of the statUtOe is held to apply only to thr Independent School dlstrlot aa~ dIstinguIshed froa 

the Jnniar College District, then In suoh 

event can the Springlake PaFk Common Sohbol 

Dlatrict Ho, 19 in Bowie County, Texas, be 

&nnexed,to,the Texarkana Junior Golle e Distrlat, aa ptiovided’ln Article 281533, f eotlon 

21, voraon’s Annotated Statutes? ‘). 

, ,~ 

“3. In the event either OF. both~ of 

Questions Numbered I. and 2 

ar e l aswered la 

the affiamative, then in auoh event can all 

taxes voted by the people in the Texarkana 

Independent School DlatH.et, including the 

Junior Colle 

the area of f3 

e District, be extended over 

ommon School .D%strlct lo. 19? 

“4, If Questions 1 or .2 is. answered 

In the affirmative and Question 3 Is answered in the negative, then In such event are 

the voters of Springlake Pank Common School 

District No.~ 19 required to vote to assume 

b&t taxes legally levied for the .support~ of 

the Texarkana Independent School District 

sad Junior College District before said taxes 

can,% levied upon the property in said common school district, “5. There.has heretofore legally been 

voted by the voters of the present Texarkana 

Junior College District boaas f’or the purchase of a site and erection of a building 

for the Junior College. Assuming the future 

legal aonsolida@on of the Texarkana bidendent School District and the Texarkana 

e District; and the Springlake 

Park Common chool District N 

Trustees of the (Consolidated 

7’ 

19, will the, 

Junior College 

&strict be authorized to spend such bond 

funds for the purchase of a site and the 

ereotion of a building inthe area now wlth- 

%n Common Sohool District Ho. 19, but outaide the present boundaries of the Texarkana 

Zhd$ptmdent Sohool District and Texarkana 

.Sunlor College District? “In this connection, you are advised 

that the Trustees of the Texarkana Indepen- 
HOG. L. A. Woods, page 4 (V-650) 

dent School District have control of and 

supervision of the Texarkana Junior College and bonds have been legally voted 

and will be sold for the purchase of a 

site and the erection of a new junior college building. The Trustees of the Texarkana Independent School District and 

Junior College District, after diligent 

search, have been unable to find suitable 

grounds within the boundaries of aaid Independent School District and College District upon vhich to erect the junior college 

building, but many admirable rites are available in Cwanon School District Ho. 19 (which 

la adjacent to the Texarkana Independent 

S&o01 District and convenient for students)." 

The Texarkana Independent School District IS a 

41stlnct oorporate entity apart from the municipal cori!c 

oration constituting the city of Texarkana. 

B. 9, 3rd C. s., 

Chapter 31, 

36th Legislature, Acts 1920. 

Section l-a, Chapter 49, S, B. 297, Special 

Laws, 1st C. S., 39th Leg., Acts 1926, provides a procedure for the annexation of territory to the Texarkana 

Indepenclent School District, 8ee Oplnlon O-3823 attached hereto wherein Section l-a IS copied in part. 

KoweveP, Section 19 of S. B. 297 vests In the 

sruetees of the Texarkana Independent School Dlstriot 

811 the rights, powers and privileges and duties conferred and imposed by the General Lawa oi this State, now 

in force, OP that may be hePaaSter effacted, upon the trustees OS independent school districts and provides further that '"the boundaPies of said distplct may be extonded by the annexation OS oontiguoua terrltogy in the manner authorized and prescpibed in this Aot. 

Article 2806, as amended, Is a general law 

authoPizing and setting out the procedure SOP the oonsolidation of school distziote in this State and is 

available to independent as well aL8 common school dlstricts, It provides that "Where one or mope independent school distpicts are consolidated together or with 

one or more common school districts the consolidated district shall constitute an independent school district, 

and shall have all the rights, powers and provilsges 

granted to Andependent sohool distriots by the laws of 

this State. Article 2806 does not provide that when 
. . 

Ifon, L. A. Woods, page 5 (V-650) 

. 

&8x independent school district is consolidated with other 

districts under the procedure therein set out that the 

new district thereby created shall have all the rights, 

privileges and powers granted to junior college districts 

of this State, 

Clearly, Springlake District llrf be annexed to 

the Texarkana District under the proordwa w.Wmrlxed in 

the Speaial Act governing the Texarkana dlatrlot~or it 

aar be consolidated with Texarkana Diatrlot w&r the 

provisions oi Article 2806, as amended. Dut under either 

procedure, the new district with boundarlee extended is 

enlarged only for independent school district pur)oses. 

We find no provision in the S eclal Laws creati 

Texarkana Independent School g letrict nor in Art 7 o&o, 

tha 

2806, vhioh provides that whenever the bouadurlea or 

lialte of an independrnt sohool dietriot ara 110 extendl d that tho territory or dlatriot 80 curtbdlod WIthin the 

linite of the Independent school dietriot eW% l&erei 

8fter beaome & part of the 

lt aontrols 

Seotion 21 OS Article 281% provides in part8 ~ 

a * tl 0 A common sohool diatrlo 

my be annexed to a Junior Co&&#@@ 

for SunSor College purporra 0Ug 

A it&it 

W U 

eleotloa aa provided in Seotion % Wmof, 

ahba vbtttioaa of tlve par cent of tha pogqpt;l tu-pying voters in such dlstlrlat 

aa&Mg to be annexed, vrovldbd fwih;f’tbat rush emnrxation shall h8ow beoa 

pp#rlxrwl~ a 

teea oi #a sp unior College Distriot aM prorov8d by the Bo8rU o? hue 

vldqd iwther that election for suoh anxwxw 

tloa rMZ1 be orllrd and the rrsuItr omlrr& m& d@olwed by the County tid oi 

ifiL3alon a ‘I 0 provided further thcrt the 

uded in such annexed ditMiOt . 

e of 

of tl¶ 

on to 

d diatx'i.Ot, 

rad also shall become flab10 fat tuos fos 

~ti@Lnlng the Junior cOllb(;b. 
&a, L. A. &ala, page 6 (v-650) 

Acoo~tlihgly, the Texarkana Indb wlbnt Sohool 

Distriat, acting under Section l-a of S. r . 297, supra, 

may annex Springlake ,?ark Common Sohool District for 

independent school diatriat purpoqer, or it ma eOnEmUdate with said distriot acting under &tiale 2 8 06, hs 

mended, for independent school di8triCt purposes. In 

&Mition thereto, or deaiding not to takb in Spriaglaks 

Dilrtriot for Independent aahool biytrlat 

IF 

po8et3, it 

my, aating under Section 21 of ~tlalb 2 19, ahnex 

g@ringlake Park district for junior aoltegb PUrpOSbS only. 

Seatlon l-b of Senate Bill 297, supra, autharl~a the Board of Trustees of Texarlpma Imlopendont 

Soboot Distriot, whenever any t&r&tory la annexa thereto, to,order nn electlon for the 

vhethor tubs for the support u&l ZE 

l 0 of dete*iag 

tmaaoe of its Qtlblie fmo.rohoola and alao for the purpose of r~dmBiag 

OF p8ying the 

S@mol~ Dl6tri 

of the Texarkana Iade~bddbat 

vied aha oolleated ahau4lly 

on Jl tbxablb ppopertg within thellmitEi and boundaries 

o? uid dietrlot as extended by remon of the annexation 

of any such territory. 

The Attorney Oenerbl hab prbvloosly &dvisbd 

hi opin~olr HO, v-375 thd l nmy 00n60iidwd s~h00i 

diatrlot orated uuder proaadure of Artiole 2806 has no 

authority to levy a loos1 malntenanoe tax until such has 

bean voted by the newly cro4ted distriot. See also Seatioa 4 OS Article 2784e, a8 ~aded;ud Section 3, of 

Artiole VII, Conetitutioh of Texa8, whioh requires a 

rjalty of the quallflul proqterty kxp8ylag votars of 

l dlrtriot voting at an election held far, the vurpobb of 

voting 8 rlntenance tax beforo the emme may be levlefl 

ml ool~aated within 811 school diStrlot8 heTetofore 

imd or hereafter foraabd. 

. 

It Sol~lors tbrrt &#J the event the Springlake 

(Uetrlot 18 taken into tha Tuarkaha district under Seotloa 14, 3. 8, 297, a-8, or under &tiole.2806, or 

\1pb0r the procedure Sbt Out b SeOtiOn 21 Of &tide 

28X5h,ho authority would &%e in t&a Toxarhha Board of 

Thmteee to levy an6 0oUiot * rlmtehaaoe tax from the 

enlarged distriat for any pm@re Ontil the Barn@ had 

been authorized by votb Of t& pPoperty'taxpaying VOt- 

~2: thb diatxmt u w or uteaaed at thb tiam 

F 

oposba omsolldrtlQe OF aaabxation for laabp6ad@at ~a 001 dl6trlOt urposea. 

baads 06 either dirtr, P at 

If there are OUtatUdln(r 

than at an election there may 

be mb8Wt.6 to th. gPrl;iilbd tsrqpsying voters of ,auoh 

. 
~,, - 

: 

. 

%h L. A. Woods, page 7 (V-650) :’ 

aev district the question a8 to whether the aaid new 

district as enlarged or extended shall assume and pay 9 

Off said outstanding bonds and whethsr a tax shall be 

14vi4d therefor. Section la and l-b, S. B. 249, supra; 

Article 2807, Article 27862,; AA. Opinion No. O-4511. 

Until suoh obligations are assunzed by proper proceed- 

%nga, they remain the obligations of the territory in the 

respective districts. Opinion V-375. 

In the event the Sprlnglake Park district is 

annexed to the Texarkana District for 

purposes under Section 21 of Article d 

unlor college 

2 15b, a proviso 

th4rein requires that the territory included in such 

annexed district shall thereby assume its share of outstanding bonded indebtedness of the junior collage dx 

1t i t1 t tne assessed valuation within 

t~ec&dnd%%,o~ndoshall also become liable for 

taxes for maintaining the junior college. We interpret 

this to mean that unless the territory desiring to be 

annexed to the junior colleg4 dlatrlct for junior collego purposes at the election to be held under Section 

2 of Article 281511 votes to aabuPs Its proportiotite 

part of said outstanding bonded debt of the junior colLeg4 district and to become liable for taxes for main-. 

talning the junior college, the sane will not become a 

part of the junior college district. 

Our answ4r to your fourth question being to 

the effdct that the qualified taxpaying voters of Springlake Park district are required to vote b4fore a tax may 

be levied and collect4d. on the, taxable~property within, . 

ite territory for the T4xarkana Independent Sohool Dietrlct and Junior Collegs District purposes, it follows 

iha”, the answer to your third question is in the nega- 

. 

We have underscore4 herein the words “oatstanding bont)ed indebtsdn$sa ,found in Section 21, Art- .’ 

1010 2815h, boaded debts in sections l-a and l-b of 

8. 1. e&g suppa, and “outstanding bonds” appearing in , 

&tiol4 2607. 

z 

Any bonds voted,but which have not beea 

Issued and sold do not constitute bonded indebtedness. 

Under the faata herein submitted we ape advised that bonds ,$nd tax pa 

ed by the Texarkana Junior F 

ents heve been legally votolleg4 District for the plIrchase or a site and tha erictlon of a new junior collage 

building. The bond reaord previously approved by 'this 

offiae indicates that the bond election was authoric4d 
Hon. L. A. Woods, page 8 (v-650) 

ax& held in accordance with AFtiole 2815&-3b. 

P-t: 

Seotion 1 of Artiole 2815h-3b prorldw, %a 

" the 

l;c”J&lo~ fl 

overning Boards of all puballeges organised, created 

and established under the laws of Texas, 

in any manner, shall have power to SSsu4 

bonds for the construction and 4quip8ent 

or school buildinga and the aOqUiOitiOa 

of sites therefor, and to provlds for the 

interest and sinking fund for such bond8 

by levying of such taxes as will be neteasary in this connection, subject to the 

limitations hereafter imposed. Suah governing boards shall also have power to 

levy end collect taxea r0r the rupport and 

maintenance or such Juntor Oolleges, provided that no bonda shall be iasoed and 

no taxes collected until authoriud by 

vote or the majority or the qualiried votict w 

. . . 

This ofrice, in Opi*on O-4573, has previoualy and properly advised that by virtue of th4 provirlona 

Or S4ction 6 or Article 2815h, a junlar college Boar4 is 

without authority to purchbse e site fop a~jWiloP oollege building outside the junior college diatPlct. w4 

think Section 1 of' Artiole 2815h-3b is addItIona r&laority ror such opinion. 

Furthermore, at the time of the junior college 

bond election, Springlake Park district constituted no 

part or the Texarkana Junior College District, nor does 

It at this date. Thus~ the bonds and tax in qneation~ w4~e 

authorieed.by vote or the majority of qualified voters of 

the Texarkana Junior College District aB it then exuded, 

It must be presumed the voters intended and believed thOy 

were voting for the puPchase of a site and the election 

of a junior college building in the junior college district as it then 4xist4d ,# for there wat3 no authority In 

the herd to build It elaewh4Pe. It is elementary ~that 

bonds may be Issued, sold and used only for the purpose 

for which they were authorized, Fletcher v. HowaPd, 39 

8.V. (26) 32, The bonds in question ~4~4 euthorirsd to 

bo i#8ued, sold and used for the PuPchase of a site and 
M, L, A. Wood*, page 9 (V-~650) 

donstruotion of a junior college building in the T#Xar* 

kana Junior College District as it existed at the t&u 

the election was held authorizing 8ame. To hold atIM+ 

wiee would not only do violence to Seation 6 of k4lcl.o 

2$15h and Section 1 of Article 2815h-Tb, but also thwart 

the will of the qualified voters of Texarkana Junior ColIege District as exercised in the junior college bond 

&#ctltm held in accordance with Article 281!jh-3be 

The Texarkana Independent School 

District, acting under Section l-e of S: 8. (’ 

;g& S 

51” 

clal Laws, 1st C,S,, 36th Leglalr: 

cts 1920, may annex Springlake Park 

Co&n School District, or It may oonsoli-~ 

data with said district under Article 2806, 

V, C, S. for Independent school distrlat 

parpores. In addition, it may annex.the dirjtrict for juetor college urposes in aaoor- 

&me with Section 21 of &fcle~ 28X%, V. 

c. 8, 

In the event the Texarkana DirWiat trkes the contiguous dlstriot #m4W 

dthw of the said statutor proCeQww#, 

it would be without authori % y to levy urn8 

collect taxes for the annexed dietriOt -0 

til same had been authoPl%sd by m oleot,Lea ~: 

ITi 

rtlolpated in by the qtdirisd voters 0r 

e newly embraced territory. ht. VII, 

Sec. 3, Coast. of Tex,; A.Q. Opinion V-375. 

Fund collected from the sale Of 

bonds authorized by the qualified votere 

of Texarkana Junior College District b 

I 

4a 

election held in accordance with Artio e 

2815h-3b, V.C.S,, may not be used ror the. ,I’ 

urohe44 of’ e cite and-the sreotioa Of a 

s wilhr bollege outside the’ limltr or boundmles 62’ the junlm college dlstrlot l B 

they 4xist at, tha t&u o$ 

:’