::, I 

+CE OF THE,ATTORNEY GENERAL OF TEXAS 

.AUSTIN 

i ’ 

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1 

6ROVER SELLERS 

Arro~Nrr CEHLIA,. 

; ; Eonorab1e.T. M. Triable 

First Assistant State Sup*rLniendent 

Wpazltrcent of Education 

Austin ll,, Texas 

. Dear Sir: 

I 

/ 

Opinion NO. O-6976 

Re: Texg of Board of Direotors 

Your letter of Deoeraber 6, 

mres requestiw an opinion uith 

to be served by the present trustees 

Junior Collage District has been 

Ye believe tho letter nailed to . . 

Ye thvref ore quote belov 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 governing lndopend3, which lnoludes oitics of over 

‘Vo really bollove that Artiolo ,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 Juuior.College Dlstrlots. Dlstrlots. Ile feel that. the Legisia- Legisiature did not intend to prsscribo prsscribo one term for trus- 

'tees of Union Junior Collom Districts Districts theretofore theretofore 

created and another for Diztricts thereafter moated. 

Ue knart of no legal objection which vould prevent 

' incorporation In suoh a statute of a proopeo ivo;- 

provision; Thls Iwtter is not imodlatoly /t prmaing, 

of Dourso, but we Would like to have you and tiie Attorney General glvo it yo*ur further co;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 oahool districts, as you ktmr. On3 of 

the independent diatriots is croated uuder said lav 

for publio school purposes only and va understand 

that the othor four ara crcstcd .under goners1 lov. 

Rouo of thos am oities and tczins vhioh have assumd 

control of the public 3ohool3." 

Ire have revloved carefully the statutes satting up the 

stages vhich should be Pollwad in the eleotioa of trusteon to 

independent school districts, aril altiiough It my be said that 

hrciolo 2771ta should bb applied to sohool di3triot3, vo do not 

feel that it is the statute that should bo follmed in this 

instmoo. Me are inclimd to agree with the fourth psragmph 

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 General and Special Law4 47th Legislature, 

Regular Session, 19Jk1.. Although the caption of this bill indic~toa that it is a validating act, there aro further words to 

this cffeot: 

. 

11 Providina for the election of a Board 

of Trkkk'for such ?unior Collcgo Districts, and 

'. 

providktq oertain pavers and duties of such trustees;- 

a..... 

We thcrcfore believe that this not is mora thm a validating aot, 

and quote belov Sootion 2 of tha aot whiah sets out a u&hod of 

0lectinS trustoos for a Junior College DL3trLot; 
. 

- 

hIonorable T. M. Triiuble, Page 3 

: . 

. ~* 

?Seo. .2. The trustoos elected for such Junlor 

College Dlstrlcts, after taking the oath of offloe, 

r&all divide 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. 

-?'On the firat Saturday of April of eaoh year 

after suoh trustees first eleoted shall hz~vvo served 

for a pariod of at least ono year, an olactlon shall 

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 3vho were evidently elected . . 

~3013s tineafter IJarch 1, 1945, should sarve for Q period or' at 

least one 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 eleotcd and duly waliSiod, they 

should follov the prozodures a3 outlined in Ssctlon 2 of Artiole 

2815h-4. Thereafter, and On the first Saturday of April of each 

year, an elootion should be held for tho groupwhose term sxpires 

at that tim3. 

Trusti* that the above 8ati3Saotorily answers your inwe are 

Yours very truly 

. . 

. 

I. 

33. N. DcGourin 

3 ' 

Assistant 

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