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 outthe un-

. ,expired term of:his predecessor ..~ I~.~. or only untilthe next trustee .elecDear Sir: i :: ~.; t, : . . .: tion?., 1.: :_ .,. .~ ~.. Inyour 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 outthe unexpired term of the trustee place he takes, or does he serve only until the next trustee ‘election?”

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Chapter 13 of TitleI49, Revised Civil Statutes, governs the creation andregulation of school districts generally. Section one thereof relates to common school districts, Section two to independent districts in towns. andSection 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 toyour 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 ofeach of such independent school districts ,incorporated under the provisions of this Act shall have andexercise and are hereby vested with all the rights, powers. privileges andduties conferred and imposed upon the trustees and boards of trustees of independent school districts by the general laws ofthis 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 oftrusteesHon. A. M. Pribble, SJLarch 8, 1939, Page 2 (o-340)

in the school district under consideration. Inthis connection, Article 2774a; Section 2. Revised Civil Statutes; provides for the election ofa board of trustees. andwith reference to avacancy onsuch board, that “the members of the bosrd remaining afkr avacancy 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 avacancy on such board, provides that “the members of the Board remaining afkr avacancy shall fill the same for the unexpired krm.’ From the express language ofthese statutes. which govern, by reference, school districts organized and existing under Article 2757. Revised Civil Sktuks, ,it is our opinion andyou are accordingly advised that in case ofavacancy ontheboard of trustees of such independent school district, the remaining member.s of the board shall fill such vacancy for theunexpired term, end such appointed trustee would serve for thebalance of such **term, rather**  than **to the**  date ofthe 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