Honorable R.L. Crosler 

County Attorney 

Johnson County 

Cleburne, Texas 

Dear sirr Opinion No. O-4511 

Rer Assumption of bonded Indebte&e&. 

We have received your letter of reoent date whir&reads in 

part a8 followsr 

‘IN 1923 and 1925 respectively the Frlendship Common School Dlntrlct voted bonded lndebtedneea 

‘against the district In two separate series of bonds. 

Subsequent to this date territories have. been attached 

to this dlatrlct by action of the County School Board 

and since the attachment of said territories the 

district has been redefined. The said attachment has 

.been Incorporated within the metes and bounda of the. 

new dletrlct. 

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“The district now desires td refund bond ‘. ‘. 

series of the bondo Issued In 1923 and 1925. The 

County School Superintendent here was advised by a 

private bond attorney that hefore these bonde could 

be refunded It wa8 neceoeary for the district to vote ‘. 

an assumption of the outrctandlng bond lndebtednesa 

before these bond8 could be refunded, Pursuant thereto an election was held last Saturday and onlg twenty-. : ~‘. 

. . five persons voted and the assumption failed to carry ..:~ ., .,: 

due to lack of Interest ahd dIscusalon:of the electiona’.;:, ,. 

ae It was aesumed by the trustees that the same would 

carry without any oppoeition. They desire to hold ,an I’ ‘. 

election at the earlieet possible date to vote on :. 

this issue agaIn. I, therefore, submit the following. :’ 

queetiont I 

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“‘Is there any limitation udon the length of 

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time they would be required to Wait before holding 

another election to irote upon the Issue of assuming 

the outstanding bonded Indebtedneas?l’ a 

You do not state ln your letter facts relating to the enlargement of the original common school district. There fore,. we assume 

the attachment wae legal, and that the only point In which you are Intere 

Ie whether any particular period of tlme’muet elapse before the holdins’ 

of a second aesumptlon election where the first aseumption eldction fails 

to terry. 

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*. libnorable R.L. Crosler, Page 2 O-4511 

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“Sec. 2. .~The governing bosrd of any such .,. : 

dlatrict, without the prerequisite filing of a petition 

requesting such action, 13 hereby authorized to order i 

that an election be held In said district as enlarged . . 

or extended on the question of the assumption of such 

bonded Indebtedness by said district as enlarged or ex- 

,tended and the levying and collecting of a taxiherein 

to pay the principal and Interest thereof. The law In ! 

reference to the calling of elections and the holding -, 

of elections for the Issuance of school house bonds by any 

such district shall be applicable to such election to 

the extent that 6UCh law Is applicable.. and not In con- 

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fllct herewith, and In event of conflict the provisions .:.‘.‘. 

of this Act shall control. Only qualified eleotors who : !. : 

own taxable property In said dIstrIct and who shall 

have duly rendered the same for taxation shall be quallfled~ - 

to vote, If a majority of persons voting at said election 

shall vote In favor of the assumption of said Indebtedness T.~ .: 

and the levying and collectin& of said tax said Indebted- ..,. .I’ 

ness shall from and after the canvassing of the returns :. :’ .. ’ 

and declaration of the result of said. election be .the 

general obligation of such school’dlstrlcts as enlarged 

or extended, pa.yable from taxes that shall be levied 

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upon all taxable property therein, subject only. to l,ImItatlons prescribed by law. I, 

“It shall be the duty of the governing botid of ~.‘. : :~ 

such district from and after the’assumptlon of such lndebt- .~ ‘. 

edness to levy and collect annually taxes against all of .~a’ 

the taxable property In said dgstrlct sufficient to pay 

the Interest and to pay or to,provlde forthe payment of 

the printilpal thereof. ‘: ,: .: 

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the 

Section 4’ of. ArtIole .2786b makes the lath with rtiference ~to 

Issuance of refunding bonds available tqithe.Indebtedness aSsWmed 

under this statute. i : ai ,. i . I 

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Article 2j’86b, Vernon’s Annotated Civil Statutes, reads In 

1s followsr 

“SectIon 1, Thlo Act shsll be applicable to 

;owns and villages Incorporated for free scl~~ol pur- 

,oses only, common school districts, Independent 

school districts, consolidated common school districts, ’ 

zonsolldated Independent school districts, county wide I* 

school districts, consolidated county wide school dlstrlcts and rural high school districts and to every 

other class or type of school district, which have been 

heretofore or hereafter shall have been extended or enlarged under such circumstances that at the time of ’ 

such extension or enlargement there were or are bonds 

outstanding payable from tsxes.levled against terrltory 

which does not comprise all of the, territory of such 

extended or enlarged district. 
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Ro$able R.L. Crosler, Page 3 O-4511 

You will notice that no time limit 16 specified In the 

a>ove quoted sections, and we feel that we would not be Justified In 

r??..rllw PN~+. I? provision into said statutes. It is to be noted In this 

connection that Article 2742f, which authorizes the detachment and 

attachment of territory, Is similar to Article 2706b In that no time 

limit between the holding of a88UnptIOn elections Is specified. 

In view of the foregoing, you are respectfully advised that 

no particular period of time must elapse before a second bond aseumption 

election may be held where the first election failed to carry. 

Very truly yours 

AlTORNEy 0-m OF TEXAS 

By a/ George W. Sparks 

George W. Sparks 

Assistant 

GWS:db:wc 

APPROVED APRIL 13, 1942, 

a/ Grover Sellers 

FIRST ASSISTANT 

ATTORNE!l GXNRRAL ‘. 

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Approved Opinion Committee By s/ BWB ChaJ&an : 

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