June 25, 1964 

Honorable J. W. Edgar 

Commlssloner of Education 

Texas Education Agency 

Austin, Texas 78711 

Dear Mr. Edgar: 

Opinion NO. c-275 

Re: Questions relating to 

the State Board of 

Education's authorization 

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 questions which are as follows: 

"(1) Where a first election has been 

called and failed for the creation of a 

county junior college district pursuant to 

State Board authorization granted in 1958, 

does a Commissioners Court have authority 

to call a second or subsequent election in 

1964 or thereafter? 

“(2) Does a Commissioners Court have 

authority under Section 19 of Article 2815h 

(where a first election authorized, properly 

ordered and held failed) to order a second or 

subsequent elections; and if so, legally must 

such election(s) be held within 12 months after 

the State Board of Education's initial authorization therefor?" 

You state that authorization was obtained from the 

State Board of Education on March 3, 1958, which authorized the 

calling of an election toward the establishment of a Galveston 

County Junior College District. In March or April of 1958 the 

election was held in Galveston County for the creation of a county 

junior college district but failed to carry. It appears now that 

-1320- 
Ron. J. W. Edgar, page 2 (C- 275) 

interested citizens from Galveston County plan to ask the 

Galveston County Commissioners Court to call an election for 

the creation of a county junior college district, based on the 

authorization granted by the Board in 1958. 

You further state that in September of 1963 the State 

Board of Education adopted the policy that authorization for the 

creation of a junior college district, if deemed desirable, will 

be based on the following conditions: (1) the authorization 

will expire 12 months after the date of authorization if no election has been conducted for the purpose of creating the college, 

and (2) if the original election to create a junior college district fails to carry, successive elections may be conducted provided 

that such elections are conducted within the 12 month period. 

To answer your first question we must look to the 

provisions of Article 2815h, Sections 18 and 19 of the Revised 

Civil Statutes. Section 18 provides in part that: 

"Whenever it Is proposed to establish a 

Union Junior College District, or a County 

Junior College District, as above provided, a 

petition praying for an election therefor, signed 

by notfewer than ten percent of the qualified 

taxpaying voters of the proposed territory, shall 

be presented to , . .the Commissioners Court or 

Commissioners Courts of the county or counties 

involved . . . It shall thereupon become 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 territory within a 

time of not less than twenty days and not more 

than thirty days after,such order is issued 

to determine whether or not such Junior College 

District shall be created and formed. . . .'I 

The language of Sections 18 and 19 indicates that a 

petition signed by at least ten percent of the qualified taxpaying 

-1321- 
Hon. J. W. Edgar, page 3 (C- 275) 

voters of the propozed territory must first be presented. ThSs 

petition prays for an election' in Section 18; and under Section 

19 If the petition Is approved by the State Board of Education, 

then the Commissioners Court has the duty to order "an election" 

to be held in the proposed territory within a time of not less 

than twenty days and not more than thirty days after such order 

‘is issued. A majority vote of the qualifi d voters 

"said election,' 

voting in 

determines the question 0: whether'to establish 

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 "further procedure" aumorized by the State Board of Education 

is the ordering of an election by the Commissioners Court. Nowhere in this statu= is it stated that a petition shall be the 

basis for more than one election. Rather, the initiating petition 

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 Commissioners Court will have authority to call an election in 

1964 only after new authorization has been obtained from the State 

Board of Education under Article 2815h. 

It follows that your second question must also be 

answered in the negative. That is, where a first election has 

been authorized, properly ordered, and failed, a Commissioners 

Court does not have authority under Article 2815h, Section 19 to 

order a subsequent election under this initial authorization. 

SUMMARY 

Where an election for the creation of a 

county junior college district has been called 

by a Commfssioners Court pursuant to State Board 

of Education authorization granted In 19.58, and 

such election failed to carry, the commissioners 

court does not have authority to call a subsequent 

election based on this initial authorization obtained in 1958. 

Where a first election has been authorized, 

properly ordered, and failed, a commissioners 

court does not have authority under Article 2815h, 

Section 19, to order a subsequent election under 

this Initial authorization. 

-1322- 
Hon. J. W. Edgar, page 4 (C- 275) 

Very truly yours, 

WAGGONW CARR 

AFtb??hdk 

By: 

E. Lawrence Merrlman 

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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