June 25, 1964

HonorableJ. W. Edgar Commlsslonerof Education Texas EducationAgency Austin, Texas 78711

Dear Mr. Edgar: Opinion NO. c-275
Re: Questionsrelating to the State Board of Education'sauthorization for the creation of a county junior college district,and the commissioners court's authorlty to order electlons thereunder.
In your letter of June 5, 1964, you requested our opinion on two questionswhich are as follows:

"(1) Where a first electionhas been called and failed for the creation of a county junior college districtpursuant to State Board authorization granted in 1958, does a Commissioners Court have authority to call a second or subsequentelection in 1964 or thereafter?

“ (2) Does a Commissioners Court have authorityunder Section 19 of Article 2815h (where a first electionauthorized,properly ordered and held failed) to order a second or subsequentelections;and if so, legallymust such election(s)

be held within 12 months after the State Board of Education'sinitial authorization therefor?"
You state that authorization was obtained from the State Board of Educationon March 3, 1958, which authorizedthe calling of an election toward the establishmentof a Galveston County Junior CollegeDistrict. In March or April of 1958 the electionwas held in GalvestonCounty for the creation of a county junior college districtbut failed to carry. It appears now that

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interestedcitizens from GalvestonCounty plan to ask the Galveston County Commissioners Court to call an election for the creationof a county junior college district,based on the authorization

granted by the Board in 1958.
You further state that in Septemberof 1963 the State Board of Educationadopted the policy that authorizationfor the creation of a junior college district, if deemed desirable,will be based on the followingconditions: (1) the authorization will expire 12 months after the date of authorizationif no election has been conductedfor the purpose of creating the college, and (2) if the original election to create a junior college district fails to carry, successiveelectionsmay be conductedprovided that such electionsare conductedwithin the 12 month period.

To answer your first question we must look to the provisionsof Article 2815h, Sections 18 and 19 of the Revised Civil Statutes. Section 18 provides in part that:

"Wheneverit Is proposed to establisha Union Junior CollegeDistrict, or a County Junior College District,as above provided,a petitionpraying for an election therefor, signed by notfewer than ten percent of the qualified taxpayingvoters of the proposed territory,shall be presentedto , . .the Commissioners Court or Commissioners

Courts of the county or counties involved

. . . It shall thereuponbecome the duty of the

. . .Commisaioners Court or courts, so petitioned to pass upon the legality of the petition.

. .It shall then be the duty of the .Commlssloners

Court or courts, as the case ia; be, to forward the petition to the State Board of Education." Section 19 provides that if the State Board of Education approves the establishment of the junior college district: .it shall then be the duty of the Commis&ners Court or courts, as the case may be, to enter an order for an election to be held in the proposed territorywithin a time of not less than twenty days and not more than thirty days after,suchorder is issued to determinewhether or not such Junior College District shall be created and formed.

. . .'I The language of Sections 18 and 19 indicatesthat a petition signedby at least ten percent of the qualifiedtaxpaying

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voters of the propozed territorymust first be presented. ThSs petition prays for an election' in Section 18; and under Section 19 If the petition Is approvedby the State Board of Education, then the Commissioners Court has the duty to order "an election" to be held in the proposed territorywithin a time of not less than twenty days and not more than thirty days after such order ‘isissued. A majority vote of the qualifi d voters "said election,' voting in

determines the question 0: whether'toestablish a junior college district.

Thus, we see that Article 2815h is clear in stating that a petition prays for an election. Based upon such petition the "furtherprocedure"aumorized by the State Board of Education is the ordering of an electionby the Commissioners Court. Nowhere in this statu= is it stated that a petition shall be the basis for more than one election. Rather, the initiatingpetition and the resulting Board authorization give the Commissioners Court the authority to order only one election for the creation of a County Junior College District.

Therefore,we answer your first question in the negative. The CommissionersCourt will have authority to call an election in 1964 only after new authorization has been obtained from the State Board of Educationunder Article 2815h.

It follows that your second questionmust also be answered in the negative. That is, where a first electionhas been authorized,properly ordered, and failed, a Commissioners Court does not have authorityunder Article 2815h, Section 19 to order a subsequentelectionunder this initial authorization. SUMMARY Where an election for the creation of a county junior college districthas been called by a CommfssionersCourt pursuant to State Board of Educationauthorizationgranted In 19.58, and such election failed to carry, the commissioners court does not have authority to call a subsequent electionbased on this initial authorizationobtained in 1958. Where a first electionhas been authorized, properly ordered, and failed, a commissioners court does not have authorityunder Article 2815h, Section 19, to order a subsequentelectionunder this Initial authorization.

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Very truly yours, WAGGONW CARR AFtb??hdk

By: E. LawrenceMerrlman Assistant ELM:sj:mkh APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman Ed Boldlng Jerry Brock Edward Moffett Milton Richardson APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone

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