Hon. Raymond E. Magee 

County Attorney 

Qalveston County 

Oalveaton, Texas 

Opinion No. V-1083 

Re: The duties of the County Judge upon receiving 

a petition ior an election on abolishing an 

independent school disDear Sir: 

E;;;;, and related ques- 

. 

We refer to your inquiries concerning the proposed dissolution of the Santa Fe Independent School District in Galvestbn county. You advise that the Santa.Fe 

Mstrltit comprises.the territory of' three small towns, 

Alta Loma, Arcadia, and Algoa, each of which was formerly a common school district. It is set forth in the submltted copy of the petition for abolition of the independent district, addressed to the County Judge of Qalveston County;that heretofore the common districts of 

Algoa, Arcadia, and Alta Loma were consolidated to create, and were operated under the name of, the Santa Fe 

Consolidated Common School District. Subsequently, such 

conrrolidated district was incorporated to become the 

Santa' Fe Independent School Mstrlct; that It ls.now the 

desire of the citizens OS said district that.the Santa Fe 

Independent School District be abolished. 

Your first question is whether the submitted 

p+tltion Siled rith the County Judge of Galveston County' 

requeaflng that he mtll or order an election for the purpose of abolishing Santa Fe Independent School Mstrict 

18 sufficient. This petition bears the names of 127 persons alleged to be resident property taxpayers, qualified 

voters of the Santa Fe Independent .School District. 

Bnder the presented facts, the Santa Fe Distrlct now has the status of an independent school dietrlct. It was created an independent dlstrlct under one 

of the general incorporation school laws. Arts. 27422 and 

4 

2757, V.C.S. Such statutes provide' that aommon school 

districts incorporated thereunder shall have all the 

rights, powers and privileges conferred and imposed by 
'1608 

Hon. Raymond E. Magee, page 2 (v-1083) 

the general lans.oS this State upon independent school 

districts. Thus, when the prior existing Santa Fe Consolidated Connnon School District was Incorporated to 

create the Santa Fe Independent Mstrlct, the old consolidated common school district ceased to exist upon 

the creation of the new Independent district. 

dlstrlat as dlstlnguished Srom a consolidated common 

school district, It follows that the procedural statute, 

Article 2767, et seq., authorizing the abolishment of an‘ 

independent district is applicable In the Instant matter, 

rather than Article 2815, which provides for the dlssolution of a consolidated school district and the restoration. of the districts Included therein to their 

former status. 

Article 2767, V.C.S.,'provides In part: 

"All independent school districts lncorporated ror Sree school purposes . . . may 

be abolished in the manner herein provided: 

"The COunty Judge of any county in which 

any independent di8triCt . . . Is situated, 

shall, upon petition In writing signed by 

twenty-flve of the resident property taxpayers, who are quallSled voters OS such lndependent school district, make an order SOP 

holding an election Sor such purposes, on a 

day therein stated, and at a place within 

said Independent school district and within 

the county In which said county court is 

sitWted, therein designated. He shall appoint an officer to preside at the election, 

who shall select two Judges and two clerks 

to asslst in holding it. ASter previous notice OS ten days by posting advertisements 

thereof at three public places within such 

independent school district, the election 

shall be held In the manner prescribed by 

law for holding general elections, except 

as herein provided. 

"All persons who a& legally qualU"ied 

voters of the State and of the county in 
; Hon. Raymond E..Magee, page 3 (v-1063) 

which such Independent school district :.i 

Is situated, and who have resided ulthin 

said Indbpendent school distrlpt for at 

least six months next pbecedlng, shall be 

entitled to vote at such election. 

'The officers holding such election 

shall make return thereof to the County 

Judge within ten days after the same Is 

held.. 

at 

.XS a majority of such voters, voting 

such election, shall vote to abolish 

such independent school district, the County Judge shall declare such Independent 

school dlstrlot abolished, and shall enter 

an order to that eSSect.upon the mtnutes of 

the commIssIoners court, and Srom the date 

of such order, said Independent school district shall cease to exist.." 

The submitted copy'of petition Is su&'lclent 

as to sorm. However, It is the duty of the County Jiuige 

prior to the Issuance OS his order for such an election 

.in compliance therewith to determine whether the petition. 

oontalns the signatures of at least twenty-five resident 

property taxpayers who are qualified voters OS such lndependent school district as defined In parzigraph.3 of drtlcle 2767. 

Question 2: Since the:santa Fe-~&dependent District consists of the area of. 

three towns which are widely scattered; 

please advise whether such an election 

could be held In only one place In the,dlstrlct, or must. It be held In three towns 

as Is usually done In school elections? 

Paragraph 2 of Article 2767.'provides .that the 

County Judge shall make an order for holdlngap e$iotlon 

Sor abolishment purposes, on.a day therein stated, and 

"at a place within said Independent district.." Under 

this provision such an electlon'could properly be held 

In one place In the district. 

Question 3: In case the Santa Fe Independent Mstrlct be abolished in accordance, 

wlith Article 2767, would said district revert 

to its former status as a consolidated common 

school district, would It revert to.Its earller former status of three common districts as 
Ron. Raymond E. F&gee, page 4 (V-1083) 

of the year 1927, or would It be thrown Into 

the hands of the County Board of School 

Trustees for whatever disposition said Board 

might see Sit to make of the territory now 

within such lndependdnt district? 

As hereinbefore pointed out, Article 2767 provides the procedure for abolishment of an Independent 

district, whereas Article 2815 of Vernon*8 Civil Statuteri Is a law covering a different situation and provldlng for the dissolution OS a consolldzited district, a 

district composed of two or more former districts. When 

a consolidated district Is abolished under Article 2815, 

the former districts oomposlng the consolidation revert 

to their original status. That statute so provides. 

When, however, an independent district Is abolished-under 

Article 2767, et seq., that law does not provide for automatic reversion OS an independent illstrict Into another, 

type of district, original or otherwise, save one.&xcepMon. The exception Is provided In Article 27671, which 

reads In part: 

"Upon the abolishment of an lndependent district oreated by special or local law 

out of territory theretoSore containing two 

or more common school districts, said common 

school district shall lnrmedlately come into 

existence by operation of law with the same 

boundaries they had prior to the creation of 

said independent school district; . ..@' (Emphasis added) 

Under facts submitted, the present Santa Fe Independent School District was not created by special law 

out OS territory containing two or more common districts. 

It was created under general law into an Independent 

school district. Therefore, Article 2767~ could not-apply to the Santa Fe District. It Is our opinion that if 

the present Santa Fe Independent School District Is 

abolished under the provisions of Article 2767, et seq., 

it would lie within the province of the County Board of 

School !Prustees acting under Its powers granted in Article 2681 or Vernon's Civil Statutes to order whatever 

disposition It sees Sit of the territory now within the 

Independent district. 

Question 4: Are there any provisions 

within the Qllmer-Alkln laws (S.B. 115, 116, 

and 117, A&s 51st Leg.,.R.S. 1949) or wlthIn other recent school legislation which 
Hon. Rmnd E:Hagee, page 5 (V-1083) 

would render the proposed abolition of said 

Santa Fe Mstrlct null and void? ;' 

We know of no law which repeals or supersedes 

Article 2 67. 

Bill 116 1 

In fact, paragraph 4 of Article VIII, Senate 

Art. 2922-18, V.C.S.) provides that Its provlslons for the consolidation of dormant school districts 

by order of the County Board or School Trustees shall not 

be construed to repeal, supersede or limit any existing 

statute providing other methods for school district consolidation and annexation. Pertinent also to the powers 

of the county school board is paragraph 3 of Article 

2922-18, which provides in part: 

I . . . at any time that It may be determined there Is territory located ln a 

county and not nithln the described limits 

of a school district, the County Board of 

Trustees of such county are hereby authorized gad required to add such territory to 

an adjoining district or districts and the 

provlslc~ herein made tith re.Serence to 

recording and defining the area of the'new 

district thus enlarged, with reference to 

assumption OS bonds, authorization of a tax 

therefor, and for a local maintenance tax, 

shall be Sollowed ln all such oases;? 

'meations 5 and 6: If the electorate 

of the Santa Fe Independent Mstrlct votes 

to abolish the district, when and under what 

circumstances should a local maintenance tax 

be voted by qualified voters of the abolished 

district. What oSflclals would have author-. 

lty to receive and disburse the Sunds of the 

abolished district, 

The answers to these questions depend, of cowse, 

on what disposition Is made by order of the ~County Board 

of Trustees of the area now comprising the Santa Fe MStrlct. IS the county board creates one or’more connnon 

districts of the wea, then the CommIssIonera Court of 

the county would have the power to.,levy and cause to be 

collkcted a maintenance tax only after, In accordance 

with general law, an election has‘been called and held 

In the new district or districts authorizing same. Tex. 

Const., Art. VII, Sec. 3; Arts. 2795; 2'@+e, V.C.S.; 

Fyote Independent School Dist. v. Dyer; supra;~BlgSoot~ 
lion. Raymond E. Magee, page 6 (V-1083) 

Independent School Mst. v. Qenard, suprai IS the"c&nty 

board consolidates or attaahes the area to one or .inore 

existing districts, then there must be an election authorizing such tax before the same can be.legally levied. 

Tax. Con&., Art. VII, Sec. 3; Arts. 

2922-18, V.C.S.; 

2790, 2795, 2784e, 

1923); Burn8 v. 

Mat., -295 Sin. 1091 (Con% App. 192 

xendent School Dlst., 34 S.W.2d 

%yote Independent School Dlst. v. Dye r, supra, anil* 

Soot Independent School Mst. v. Qenard, supra. 

respect to taxes to pay indebtedness of the district outstanding at the time that the same is abolished, Articles 

2767a and 27670 provide the procedure to follow. A-Q: 

Opinion Ho. O-3134.. See also Art. 2742b, Seas. 9, 10, 

11, 12, V.C.S. Article 2767d Is the lau with respect to 

the dlsoosltlon of the assets of the abolished district. 

Eagle Lake Independent school Dlst. v. Hoyo 199 S.W. 352 

(Tax. Clv. App. 1917, error ref.); Rocky Moknt.:IndeWndeilt School Mat. v. Jackson, 152 S.b.2d 400 (Tex. Clv. 

App. 1941, error ref.). See also Art. 2767f, V.C.S. 

Question 7: "Since the Board of Trustees of said Santa Fe Independent School Mstrlct did not order the above mentioned election, Is It mandatory that said Boar&provide 

for the payment of the expense of said eleatlon?" 

In answer to your seventh Inquiry as to payment 

of the expenses Incident to the holding of an abolition 

election, Article 2746b provides In part: 

"All expenses Incurred In connectlqn 

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 district...." 

Under submitted facts the Santa Fe Independent School Mstrlct may be abolished 

by an eleatlon authorized ~ln Article 2767 of 

Vernon's Civil Statutes, which may validly 

be held at one place within the district. 
Hon. Raymond E. Hagee, page 7 (V-1083) 

. 

If so a.bollshed, It lies ulthia the pouer of 

the Comity Board of School Trustee6 to order 

the dl8p$l~l~ 

sit. . 

0; Ehg territory as It pees 

. . . ArtlcIe.2767 Is not 

superseded by tie Qllmer-Alkln school laws. 

Art. 2922-18 , par. 4,’ V.C.S. 

Where new school didtrlcts have been 

formed out of the territory of the abolished 

independent school district, or where such 

territory has been added to existing districts, 

then before a maintenance tax may be levled 

against the taxable property thereolt, the 

same must have been authorized at ti election called and held in accordance with the 

provisions of general law. Tex. Con&., Art. 

VII, ~ec. 3; Arts. 2767a,*2767c; 2@4e; 2790,’ 

2795, V.C.%; A. 0. Opiaiqn Ho. o-3134. 

Expenses incident to holding OS the 

abolition eledtlcn are payable out o? avallx" 

e malnteuauce Suuds of the district. Art. 

746b, V.C.S. 

Your8 very truly, 

APPROVED: PRICE DANIEL 

Attorney QeneraI 

J. C. Davis, Jr. 

County ASSalrs Mvlslon 

Joe Ft. ffreenhill Chester D. Olllson 

First Assistant Assistant. 

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