::, I +CE OF THE,ATTORNEY GENERAL OF TEXAS .AUSTIN i ’ .
**1 6ROVER**  **SELLERS**

**Arro~Nrr CEHLIA,.** 

; ; Eonorab1e.T.

M. Triable First Assistant

State Sup*rLniendent Wpazltrcent

of Education Austin ll,, Texas

. DearSir:

I / OpinionNO. O-6976 Re: Texg of Board of Direotors

Your letter of Deoeraber 6, mres requestiw an opinion uith tobe servedby the present trustees Junior Collage

District

**has** been Ye believetho letter nailed to

. . Ye thvref ore quotebelov thLs ‘let of Davis,Tll, C-lomens and ~fg~~?wqw~gns~ved~

r

of office. .Ue otion 2, because ts which am first ion 2 is further .’ ng lass than 75,000

. Article 2777a governinglndopend**3,** which lnoludes

oitics of over

. ‘Vo reallybollove thatArtiolo ,2815h-4, 3ec- tion 2, probably

.oontrols

for the reason that vhilo this Is a vslidatins oot it certainly

‘has a prospootivo applicntion.and spacif3caily

deuls with Unioxl' Ronorable

T. PI. Trinblo,

page 2 ': 

# . -

. - Juuior.College

Dlstrlots. Ile

feel that.

the Legisia- Juuior.College

Dlstrlots. Legisiaturedid not intend to prsscribo one term for trus- prsscribo 'tees of Union JuniorCollom Districtstheretofore Districtstheretofore created and anotherfor Diztricts thereafter

moated. Ue knart

of no legal objection which vould prevent ' incorporation

In suoh a statuteof a proopeo ivo;- provision; Thls Iwtter is not /t imodlatoly prmaing, of Dourso,

but we Would like to have you and tiieAttorney General

glvo it yo*ur

furtherco;l3idomtion. A copy of this letter I3 enclosed for the httormy 'General.

. "The San Antonio

Union Junioi*

College District is coznposed

cf six oo.mon school districts and five independent

oahooldistricts,

as you ktmr. On3 of the independent

diatriots

is croated uuder said lav for publioschoolpurposesonly and va understand that the othorfour ara crcstcd .under goners1 lov. Rouo of thos am oitiesand tczins vhioh have assumd control

of the public 3ohool3." Ire have revloved

carefullythe statutessattingup the stages vhich should

be Pollwad in the eleotioaof trusteon to independent

school districts,

aril altiiough

It my be said that hrciolo 2771ta

should bb applied to sohooldi3triot3, vo do not feel that it is the statute that should bo follmed in this instmoo. Me are inclimd to agree with the fourthpsragmph as set out in the abova quoted lottm. passed by tha 47th LeSislstum, Semto Bill'No.75, OS ‘ Rogu1a.r

S%wion, 1941, appmrs on Pago 6 of tha Generaland Special Law4 47th Legislature, Regular

Session,

19Jk1.. Althoughthe caption of this bill indic~toa that it is a validating act, there aro furtherwords to this cffeot:

.

11 Providina

for the election of a Board of Trkkk'for such ?uniorCollcgo Districts, and '. providktq

oertain

pavers and duties of such trustees;- a..... We thcrcfore

believethat this not is mora thm a validating aot, and quotebelov Sootion 2 of tha aot whiah sets out a u&hod of 0lectinS

trustoos

for a Junior CollegeDL3trLot;.

- hIonorable

T. M. Triiuble,

Page 3 : .

. ~* ?Seo. .2. The trustoos electedfor such Junlor College

Dlstrlcts,

after taking the oath of offloe, r&alldivide theanwlvos into three classes: Class I, eon3fsting

of tvo uembers,aball serve for Mona yeoar Clfh 11, consistinS of tvo neobors,

who shall **serire** ‘icritwb years;and Class III, consisting of three r&- aaikifng members, vho shall serve for tnree goars. -?'Onthe firat Saturdayof April of eaoh year after suoh trustees first eleoted shallhz~vvo served for a pariod of at least ono year, an olactlonshall bs held to fill w-me nembars of trustees whose ter;ll3

explra that year. Such trwtoes so cleotod

shall 8erve for a term of three years." (Ea~pbasfs

ours.) (3ee Article 281511-4, Section 2, Vernon's

Annotated

Civil statutes.) It is the considered opinion,

tharafore, of this depsrtsent that the present board of trustee

3 vho were evidently elected
.. ~3013s tineafter IJarch

1, 1945, should sarve for Q period or' at leastone year, that is, their term of' oZioe vould not expire .. untFlApri1,

1947, at vhioh tina an entire bard of trustees nhould
. be olooted. After they hnve been eleotcdand duly waliSiod, they should follovthe prozodures a3 outlinedin Ssctlon 2 of Artiole 2815h-4. Thereafter, and On the first Saturdayof April of each year, an elootion

shouldbe held for tho groupwhose term sxpires at that tim3.

Trusti* that the above 8ati3Saotorily answersyour inwe are

Yours very truly

. .

. I. 33. N. DcGourin 3 ' Assistant t ._