### ~ORNEY GBINERAL OF TEXAS

Honorable R. V. Rayford CountyAuditor Rusk County Renderson, Texas
Dear Sir: OpinionNo. 

### o-7187 Re: In a Special Election held to determine whether or notan Independent or Common SchoolDistrict shall annex themselves to a Junior College District, the electton expense-.shall be borne by whom? Also, who pays the election expensewhen 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:

"Ina Special Election held to determinewhether or not an Independent or Common School District shall annex themselves to a Junior CollegeDistrict, please advise me who pays the cost of the Election (Advertising, SupplIes, Juages and Clerks), the County, the SchoolDi.strictsand or the Junior CollegeDistrict? “Also, who pays the cost of Elections when two or more Cominon

or IndependentSchoolDistricts 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 CollegeDistrict.

"An IndependentSchoolDistrict, or districts, a comnionschooldistrict or districts, may be annexed to a Junior CollegeDistrict for Junior Collegepurposes only, by an electton as provided In Section 2 hereof, upon petition of five per cent of the property tax-paying voters in suchdistrict or districts seeking to be annexed, provided further that such annexation shall have been previously approved~bgthe Board of Trustees of the Junior CollegeDlstrlct and providedHon. 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 indebtednessof the Junior CollegeDistrict, inproportion to the assessed valuationwithin the saiddistrict, 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 Isproposed to establisha Junior CollegeDistrict as above provided, a petition praying for an election therefor, signedby 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 thereuponbecome 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, inpassing Art. 2746b, Revised Civil Statutes, enacted in 1935, intended to cover such expenses from the available maintenance fund belonging to theDistrict holding the election.

Article 2746b, V.A.C.S., provides as follows: "All expenses incurred in connectionwith or incidental to any school district election in connectionwith the public schoolwithinsuch school district shall be paid out of the availablemaintenance 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 schooldistrict for the fiscalyear after the year inwhich such election is held shallHon. 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 expensewhich was incurredas a result of'the~electlon which you mentton shouldbe paid out of the availablemaintenance fund of the respective district holding the election.

In response to your second question as to who pay&the cost of electionswhen two or more Common or IndependentSchool Districts seek,to consolidate,your attention is called to Art. 2806, V.A.C.S.,which authorizes elections for consolidation of certain schooldistricts. .~

Articles 2746, 2746a and 2746b,V.A.C.S., are devbted to schooldistrictielections and expenses incident thereto. ArtLcle 2746, supra, states "suchexpense shall be paid out~of the local funds of the schooldistrict where the electionwas held."
It is the opinion of this department that all election expenses incurredby schooldistricts must be paid out of the available maintenance fund belonging to the school district or districts or the local funds of the schooldistrict or districtswhere the electlonwas held as authorizedby 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 CommitteeBy s/GWB Chairman