Hon. Raymond E. Magee

County Attorney QalvestonCounty Oalveaton,Texas Opinion No. V-1083

Re: The duties of the County Judge upon receiving
a petition ior an election on abolishingan independentschool disDear Sir: E;;;;, and related ques-

.
We refer to your inquiriesconcerningthe proposed dissolutionof the Santa Fe IndependentSchool District in Galvestbncounty. You advise that the Santa.Fe Mstrltit comprises.the territoryof'

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,addressedto the County Judge of Qalveston County;that heretofore the common districtsof Algoa, Arcadia,and Alta Loma were consolidated to create, and were operatedunder the name of, the Santa Fe Consolidated

Common School District. Subsequently, such conrrolidated

districtwas 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 IndependentSchool District be abolished.

Your first question is whether the submitted p+tltion Siled rith the County Judge of GalvestonCounty' requeaflng that he mtll or order an election for the purpose of abolishingSanta Fe IndependentSchool 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 independentschool dietrlct. It was created an independentdlstrlctunder 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 ConsolidatedConnnon

School Districtwas Incorporated to create the Santa Fe Independent Mstrlct, the old consolidated

common school district ceased to exist upon the creationof the new Independent district.

dlstrlatas dlstlnguished Srom a consolidated common school district, It follows that the proceduralstatute, Article 2767, et seq., authorizingthe abolishment of an‘ independent

district is applicableIn the Instantmatter, rather than Article 2815, which provides for the dlssolutionof a consolidated school districtand the restoration.

of the districts Included therein to their former status.

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

"All independentschool districts lncorporatedror Sree school purposes

. . . may be abolishedin 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-flveof the resident property taxpayers,who are quallSledvoters 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 previousnotice OS ten days by posting advertisements thereof at three public places within such independent

school district, the election shall be held In the manner prescribedby 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 entitledto vote at such election.

'The officersholding 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 dlstrlotabolished,and shall enter
an order to that eSSect.uponthe mtnutes of the commIssIoners

court, and Srom the date of such order, said Independentschool district shall cease to exist.."

The submittedcopy'of petition Is su&'lclent
as to sorm. However, It is the duty of the County Jiuige prior to the IssuanceOS his order for such an election .in compliancetherewithto determinewhether the petition. oontalns the signatures of at least twenty-five resident property taxpayers who are qualifiedvoters OS such lndependent school districtas defined In parzigraph.3 of drtlcle 2767.

Question 2: Since the:santaFe-~&dependentDistrict 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?
Paragraph2 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 Independentdistrict.." Under this provision such an electlon'could properly be held In one place In the district.

Question 3: In case the Santa Fe IndependentMstrlct be abolished in accordance, wlith Article 2767, would said district revert to its former status as a consolidatedcommon school district,would It revert to.Its earller former status of three common districts asRon. 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 dispositionsaid 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 situationand provldlng for the dissolutionOS a consolldzited district,a district composedof two or more former districts. When
a consolidated

district Is abolishedunder Article 2815, the former districts oomposlngthe 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 reversionOS 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 abolishmentof an lndependent district oreatedby special or local law out of territory theretoSorecontaining two
or more common school districts,said common school district shall lnrmedlately come into existenceby operationof law with the same boundariesthey had prior to the creationof said independentschool district;

...@' (Emphasis added)

Under facts submitted,the present Santa Fe IndependentSchool District was not createdby special law out OS territorycontainingtwo or more common districts. It was createdunder 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 provisionsof 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 Statutesto order whatever disposition

It sees Sit of the territorynow within the Independent

district.
Question 4: Are there any provisions within the Qllmer-Alklnlaws (S.B. 115, 116, and 117, A&s 51st Leg.,.R.S.1949) or wlthIn other recent school legislation whichHon. Rmnd E:Hagee, page 5 (V-1083)

would render the proposed abolitionof 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 ArticleVIII, 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 construedto repeal, supersedeor limit any existing statuteprovidingother methods for school districtconsolidation

and annexation. Pertinentalso to the powers of the county schoolboard is paragraph 3 of Article 2922-18,which provides in part:

I

.. . at any time that It may be determinedthere Is territorylocated 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 territoryto
an adjoining

district or districts and the provlslc~ herein made tith re.Serence to recordingand definingthe area of the'new districtthus enlarged, with reference to assumption

OS bonds, authorization of a tax therefor,and for a local maintenancetax, 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 maintenancetax be voted by qualifiedvoters of the abolished district. What oSflclalswould have author-. lty to receive and disburse the Sunds of the abolisheddistrict,

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 comprisingthe Santa Fe MStrlct. IS the countyboard creates one or’more connnon districtsof the wea, then the CommIssIonera Court of the countywould have the power to.,levy and cause to be collkcteda maintenance tax only after, In accordance with general law, an electionhas‘been called and held In the new districtor 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 existingdistricts,then there must be an electionauthorizingsuch tax before the same can be.legallylevied. Tax. Con&., Art. VII, Sec. 3; Arts. 2922-18,V.C.S.; 2790, 2795, 2784e,

1923);Burn8 v. Mat., -295Sin. 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 districtoutstandingat the time that the same is abolished, Articles 2767a and 27670 provide the procedureto follow. A-Q: OpinionHo. 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 abolisheddistrict. Eagle Lake Independentschool Dlst. v. Hoyo 199 S.W. 352 (Tax. Clv. App. 1917, error ref.); Rocky Moknt.:IndeWndeilt SchoolMat. 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 IndependentSchool 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 Incidentalto any school district election in connection with the public school within such school district shall be paid out of the availablemaintenance fund belongingto such district...."

Under submittedfacts the Santa Fe Independent SchoolMstrlct may be abolished by an eleatlonauthorized ~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 territoryas It pees

. . . ArtlcIe.2767 Is not supersededby tie Qllmer-Alkln school laws. Art. 2922-18
, par. 4,’ V.C.S.

Where new school didtrlctshave been formed out of the territoryof the abolished independentschool district, or where such territoryhas been added to existing districts, then before a maintenancetax may be levled against the taxable propertythereolt, the
same must have been authorized at ti election called and held in accordance with the provisionsof general law. Tex. Con&., Art. VII, ~ec. 3; Arts. 2767a,*2767c; 2@4e; 2790,’ 2795, V.C.%; A. 0. OpiaiqnHo. o-3134.

Expenses incidentto holding OS the abolitioneledtlcn are payable out o? avallx" e malnteuauceSuuds 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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