~~~ Gerdld C. Mann :+myN ii.~W, i 

1 *Trol- “ranull. Also see Opinion O-339 

March 8. 1939 

.~ ‘.. .:. ~.,_... 

‘: ,, . 

Honortible A. M. Dribble ~, OpinionNo. .0*340 pi 

County Attorney I_, 

Mills county Re: Whether trustee appointed for 

Goldthwaite. Texas independent school district or- 

.~ ‘ganized under. Article 2757, R.C.S., 

by the Eoard -of -Trustees~ to fill a 

‘vacancy. should serve out the un- 

. ,expired term of:his predecessor 

..~ I~.~. or only until the next trustee .elecDear Sir: i :: ~. ; t, : . . .: tion?., 1. : 

:_ .,. 

.~ ~.. 

In your letter of February 10. 1939. you submit, among 

other questions, the following: 

._. ..:, 

“In an independent ‘school district organized 

under Art. 2757.. ~Vernon’s Texas Statutes, 1936. does 

a trustee appointed by the board of trustees to fill a 

vacancy serve out the unexpired term of the trustee 

place he takes, or does he serve only until the next 

trustee ‘election?” -’ ” ‘~ 

Chapter 13 of TitleI49, Revised Civil Statutes, governs the 

creation and regulation of school districts generally. Section one thereof 

relates to common school districts, Section two to independent districts in 

towns. and Section three to independent districts in cities. 

Although the particular school in question falls within the 

classification of Section 2 of Chapter 13, so as to be governed by Articles 

2757 to 2767f. inclusive, we do not find within any of such articles the ansvfer to your specific question. Article 2758, Revised Civil Statutes, does, 

however. contain this general provision regarding the board of trustees for 

such districts: 

“The said board of trustees of each of such independent school districts ,incorporated under the provisions 

of this Act shall have and exercise and are hereby vested 

with all the rights, powers. privileges and duties conferred 

and imposed upon the trustees and boards of trustees of independent school districts by the general laws of this State.” 

We must, therefore, look to the pertinent articles governing the affairs of independent school districts in cities, under Section 3 of 

Chapter 13. to determine the law governing vacancy appointments of trustees 
Hon. A. M. Pribble, SJLarch 8, 1939, Page 2 (o-340) 

in the school district under consideration. In this connection, Article 2774a; 

Section 2. Revised Civil Statutes; provides for the election of a board of 

trustees. and with reference to a vacancy on such board, that “the members of the bosrd remaining afkr a vacancy shall fill the same for the unexpired term.“ 

Again, Article 2777a, Section 3. provides the election of a 

board of trustees for certain independent school districts, and. with reference to a vacancy on such board, provides that “the members of the 

Board remaining afkr a vacancy shall fill the same for the unexpired 

krm.’ 

From the express language of these statutes. which govern, 

by reference, school districts organized and existing under Article 2757. 

Revised Civil Sktuks, ,it is our opinion and you are accordingly advised 

that in case of a vacancy on the board of trustees of such independent 

school district, the remaining member.s of the board shall fill such vacancy for the unexpired term, end such appointed trustee would serve 

for the balance of such term, rather than to the date of the next trustee 

election. 

Yours very truly 

ATTORNEY GENERAL GF TEXAS 

By /s/ Pat M. Neff, Jr. 

Pat M. Neff, Jr. 

Assistant 

PMN:N/cm 

APPROVED 

/s/ Gerald C. h4ann 

ATTORNEY GENERAL OF TEXAS