### THEAYJTORNEY GENERAL
OF XAS

No,vember



### 3,1961

Iionorable

J. W. Edgar OpinionNo. iJW-

### 1185 Commissioner of Education Texas EducationAgency Re: Whether the boundaries Austin, Texas and jurisdictionof a military reservation independent school district, createdpursuant to Article 275613 of Vernon's Civil Statuteswith boundaries co-extensivewith 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 LacklandAir Force Base, and that its authorizationprovides that "theboundaries to be co-extensive with boundaries of LacklandAir Force Base."

We note that only a mile from LacklandAir yorce Base lies the Medina base, another federal reservation, locatedpartly within the Northside Indenendent School District of Bexar County. Request for this opinion arose from the recent transferby the Tedera Government of two-hundredand thirty-five (235) acres of the Medina base section of the Northside District to LacklandAir Force Base, the new tract to be known as LacklandBase Annex and is to be used by Lackland for all purposes. Further facts are that the Ilort'hside

District has authorizedbonds 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 schooldistrict createdBonorable 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. IJillthe issuance of school district bonds voted but unissued be prohibited shouldmilitary reservation area within the district automaticallybecome includedwithin the boundaries and jurisdictionof a military reservation independent schooldistrict 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 schooldistricts upon any military reservations locatedwith-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 schooldistricts. “Provided, that the childrenwho are entitled to attend the schools thus established, shallbe those of the officers,warTant of;‘j.cers, **soldiers** and civilian employeesresid,ing or employed ‘uponsuch reservations.. .

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

under such regulationsas the Board of Educationmay determine. Provided further, that the Board of.Trustees of such district shallhave the authority to transfer to any other independent or common schooldistrict maintaining adequate facilitiesand standards for elementary, junior or seniorhigh 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 therehas been no change In the boundaries of theNorthside and Lackland School Districts. The ownership of land does not affect the boundaries of a schooldistrict,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 scholasticsresiding on the Lackland Annexportion of the NorthsideDistrict 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 jurisdictionof a military reservation independent schooldistrict createdpursuant to Article 2756b of Vernon's Civil Statutes with boundaries co-extensive with the boundaries of the reservation do not automaticallyextend 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:
OPINIONCOMMITTEE W. V. Geppert,Chairman

Wm.~' E. Allen W. Ray Scruggs Marvin Sentell

REVIZ~JED

FOR THE ATTOPNEY GENERAL BY: Houghton Brownlee, Jr.