~ORNEY GBINERAL 

OF TEXAS 

Honorable R. V. Rayford 

County Auditor 

Rusk County 

Renderson, Texas 

Dear Sir: Opinion No. o-7187 

Re: In a Special Election held to determine whether or notan Independent 

or Common School District shall annex themselves to a Junior College 

District, the electton expense-.shall 

be borne by whom? Also, who pays 

the election expense when two or 

more Common or Independent~School 

Districts seek to consolidate? 

We have your letter of June 19, 1946, requesting our 

opinion on the following questions: 

"In a Special Election held to determine whether 

or not an Independent or Common School District shall 

annex themselves to a Junior College District, please 

advise me who pays the cost of the Election (Advertising, SupplIes, Juages and Clerks), the County, the 

School Di.stricts and or the Junior College District? 

“Also, who pays the cost of Elections when two 

or more Cominon or Independent School Districts seek 

to consolidate?" 

In response to your first question, your attention Is 

directed to Section 21 of Article 2815h, Vernon's Annotated 

Civil Statutes, which sets out the procedure for annexation of 

a District to a Junior College District. 

"An Independent School District, or districts, 

a comnion school district or districts, may be annexed 

to a Junior College District for Junior College purposes only, by an electton as provided In Section 2 

hereof, upon petition of five per cent of the property 

tax-paying voters in such district or districts seeking to be annexed, provided further that such annexation shall have been previously approved ~bg the Board 

of Trustees of the Junior College Dlstrlct and provided 
Hon. R. V. Ragford, page 2 

the 

for 

any 

for 

O-7187 

further that election for such annexation shall 

be called and the results canvassed and declared 

by the County Board of Education or the County 

Commissioners' Court of the county, In case there 

is no County Board of Education, provided further 

that the territory Included in such annexed district 

shall thereby assume Its share of any outstanding 

bonded indebtedness of the Junior College District, 

in proportion to the assessed valuation within the 

said district, and shall also become liable for 

taxes for maintaining the Junior College." 

Section 2, Article 2815h, V.A.C.S., referred to Ln 

above statute, provides the method of petition for electlon. 

"When It Is proposed to establish a Junior 

College District as above provided, a petition 

praying for an election therefor, signed by not 

less than five per cent of the qualified taxpaying voters of the proposed territory shall 

be presented to the Board of Education of the 

district or city. It shall thereupon become the 

duty of the Board so petitioned to pass upon the 

legality of the petltion and the genuineness of 

the same. It shall then be the duty of the Board 

to forward the petition to the State Board of 

Education." 

Article 2746, V.A.C.S., relates only to elections held 

the purpose of electing trustees. We are unable to find 

authorities authorizing the Commissioners' Court to pay 

elections of this kind out of the general fund of the 

County. It is apparent that the Legislature, in passing Art. 

2746b, Revised Civil Statutes, enacted in 1935, intended to 

cover such expenses from the available maintenance fund belonging to the District holding the election. 

Article 2746b, V.A.C.S., provides as follows: 

"All expenses incurred in connection with or 

incidental to any school district election in connection with the public school within such school 

district shall be paid out of the available maintenance fund belonging to such dlstrlct for the fiscal 

year during which such election is held,, or out of 

funds accruing to said district for the next ensuing 

fiscal year; provided, however, that the payment of 

any such expenses out, of the funds accrued or to 

accrue to such school district for the fiscal year 

after the year in which such election is held shall 
Hon. R. V. Rayford, page 3 o-7187 

be authorized by the county superintendent rior t'o 

the holding of such election. Acts 1935, 4 $ th Leg., 

P. 135, ch. 55, 8 3.” 

It is, therefore, the opinion of this department that 

the expense which was incurred as a result of'the ~electlon 

which you mentton should be paid out of the available maintenance fund of the respective district holding the election. 

In response to your second question as to who pay&the 

cost of elections when two or more Common or Independent School 

Districts seek,to consolidate, your attention is called to Art. 

2806, V.A.C.S., which authorizes elections for consolidation 

of certain school districts. .~ 

Articles 2746, 2746a and 2746b, V.A.C.S., are devbted 

to school districti elections and expenses incident thereto. 

ArtLcle 2746, supra, states "such expense shall be paid out ~of 

the local funds of the school district where the election was 

held." 

It is the opinion of this department that all election 

expenses incurred by school districts must be paid out of the 

available maintenance fund belonging to the school district 

or districts or the local funds of the school district or 

districts where the electlon was held as authorized by said 

statute. 

Yours very truly, 

ATTORNEYGENERAL OF TEXAS 

By SD. P. Watts 

W. P. Watts, 

Assistant. 

WPW:rt:wc 

APPROVED JULY 5, 1946 

a/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORNEYGENERAL 

Approved Opinion Committee By s/GWB Chairman