THEAYJTORNEY GENERAL 

OF XAS 

No,vember 3, 1961 

Iionorable J. W. Edgar Opinion No. iJW- 1185 

Commissioner of Education 

Texas Education Agency Re: Whether the boundaries 

Austin, Texas and jurisdiction of a 

military reservation 

independent school 

district, created pursuant to Article 275613 

of Vernon's Civil 

Statutes with boundaries 

co-extensive with the 

boundaries of the reservation automatically 

extend to include area 

or acreage that later 

becomes a part of or is 

added to the reservation 

Dear Dr. Edgar: under the circumstances. 

Your request for opinion informs us that 

Lackland Independent School District is the recognized 

military base or reservation independent school district 

serving Lackland Air Force Base, and that its authorization provides that "the boundaries to be co-extensive 

with boundaries of Lackland Air Force Base." 

We note that only a mile from Lackland Air 

yorce Base lies the Medina base, another federal 

reservation, located partly within the Northside Indenendent School District of Bexar County. Request for 

this opinion arose from the recent transfer by the 

Tedera Government of two-hundred and thirty-five (235) 

acres of the Medina base section of the Northside 

District to Lackland Air Force Base, the new tract to 

be known as Lackland Base Annex and is to be used by 

Lackland for all purposes. Further facts are that the 

Ilort'hside District has authorized bonds for construction, 

only some of which, however, have been issued. 

Your specific questions are as follows: 

"1 . Do the boundaries and jurisdiction of a military reservation 

indenendent school district created 
Bonorable J. ?I. Edgar, page 2 (W-1185) 

pursuant to Artfcle 2756b with boundaries co-extensive with the boundaries 

of the reservation automatically extend 

to Include area or acreage that later 

becomes a part of or is added to the 

reservation in the circumstances 

outlined. 

“2. IJill the issuance of school 

district bonds voted but unissued be 

prohibited should military reservation area within the district automatically become included within the 

boundaries and jurisdiction of a 

military reservation independent 

school district originally created 

pursuant to Article 2756’0.” 

Article 275613 of Vernon’s Civil Statutes 

-yi-ovides in part as foliovJs: 

“Section 1. That the State Board 

o; Education is ‘hereby authorized and 

empowered to establish independent 

school districts upon any military 

reservations located with-i.n the State 

of Texas, upon such terms and conditions as may be agreed upon by the 

State Board of E&cation and the militszy authorities; and such districts 

may be entitled to enumerate its schoiantics, to share in the State .per 

capita apportionment, and suc‘h other 

orivileges as are noa granted. to 

ind.ependent and common school districts. 

“Provided, that the children who 

are entitled to attend the schools 

thus established, shall be those of 

the officers, warTant of;‘j.cers, soldiers 

and civilian employees resid,ing or 

employed ‘upon such reservations. 
. . 

Honorable J. W. Edgar, page 3 (WW-1185) 

under such regulations as the Board 

of Education may determine. Provided 

further, that the Board of. Trustees 

of such district shall have the 

authority to transfer to any other 

independent or common school district 

maintaining adequate facilities and 

standards for elementary, junior or 

senior high schools, as set up by 

the State Department of Education and 

Southern Association, any school 

children who can not be provided for 

by the district of their residence." 

We are of the opinion that there has been no 

change In the boundaries of the Northside and Lackland 

School Districts. The ownership of land does not affect 

the boundaries of a school district, Norm did the transfer 

by the Federal Government of land from one military 

reservation to another change the boundaries of the 

schools districts Involved. The scholastics residing 

on the Lackland Annex portion of the Northside District 

are residents of that District. Central Education 

Agency v. Independent School District-of El Paso, 152) 

Tex. 56, 254 S.W.2d 357, 359 (1953). 

Our holding makes it unnecessary to consider 

your second question. 

SUMMARY 

The boundaries and jurisdiction of 

a military reservation independent 

school district created pursuant 

to Article 2756b of Vernon's Civil 

Statutes with boundaries co-extensive 

with the boundaries of the reservation do not automatically extend to 

include area or acreage which is a 

part of another independent school 

dlstrlct when that area later 

becomes a part of the military reservation. 
Honorable J. W. Edgar, page 4 (W;l-ii85) 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

FDW:lgh BY 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Wm.~' E. Allen 

W. Ray Scruggs 

Marvin Sentell 

REVIZ~JED FOR THE ATTOPNEY GENERAL 

BY: Houghton Brownlee, Jr.