887 

Ol=FlCEOFTHEAlTORNEYGENERALOFTEXAS 

Eonorable T. Lt. 

Plmt derlstant 

Aurtln, T e .x a 

Dear Sir: 

YOU hare repuerted an opinion fropl t 

Irtg the matter rererred to your department 

Honorable Y. C. Irom 

Sohoola. Said 

AUSTIN 

Fe.l?ruary 1, 1946 

Trlmblr 

Superintendent OS iduoation 

a 

Opinion No. O-6989 

Be: NW the QuiW Independent Sohool 

aot it set up a 

n Soho Di8trlot 

. -59, and Clover 

e all ommolldated 

IatrlOt. iVlth this 

pre8ent Board of 

lred that a #even 

ttsr services to the school 

0r among some that this number &E 

bers under the 

dependent 3x0~1 

re que sti:ig you 

ling from the 

General as ta tne legality of the proposition. 

“If the above camot be done se request ififormation as to Wst proaaedure should be fallo;ued in order 

that this ructbar may & raised irod five to saven.” 
Ben. T. Y. Trimblr, pace 2 

IA reply thereto we advise you as follouar 

The Quitman Independent Sohool DiStriot was oreated by, 

S. B. 106, Chapter 61, Looal and Speolal Laws of the SeooAd Called Session ot the 36th L&alature. Said 9. B. 106 was approved 

July 22, 1919, aAd b eo a me l fiootiva the same date. SeotioA 3 of 

sa id l ot rested the management and oontrol of the pub110 rree 

l ohoola within raid independent diatriot in a board ot trustees 

of Sire membero, Sa id l eo tio n F ur thepror r ldaa Sor two year ter ms 

of moe ior eaoh trustee, three to be l looted at the gonoral 

truatae l lootlon in April of 1920, and.therUiter, tno and three 

trurrtoeo, rea 

F 

otitoly, to bo l looted at the 6oaonl trutoe 

l lootloA IA a ternate years. There are other provisiona ot said 

sot rhioh ued not be referred to, as they hare AO bearing upon 

this opinion. 

ht. 2806, B* a. 8.. 

,49th Leglalature, page 416, 

1925 as armndod br. Aot of 1945, 

Cha 

protiding the method ior.oenaol 

pD $64, Par. li ;m&h&r,eraa 

dating l e1wa 

rohool.diatriota, or oontiguou~ lndependent~ l ohool diatriotr, or 

one or more indopendont aohool dlatriota end one OT aore oom0r1 

l ohool dlatrlota ooaatituting as a whole one oontlguour territory. 

Said aot further provides ln part as follou8~ 

. . 

“Where oM or more inbrpendent abhodl dirtriots are 

ooAaolidated together or with One Of more 00mmOn 8ehool 

dirtriots, the oonaolidated dlatrlat rhall oonatitute an 

and ahemo IAl the Vista, 

d to independonf l ohool dlatrlota 

by the laws OS this State. 

“If only oAe indopeAdent aohool dlatrlot is oonaolidated 

ivith oAe or aore comon school districts the consolidated 

district mall bear the nam of auoh iAdep6AdeAt sohool distriot, 

and the board of trustees of aaid Independent aohool dlatriot 

ahall serve as the board of trustees of the oonaolidated 

diatriot until the next regular election of trustees, as 

prescribed by general law, at wzich time the consolidated 

distriot shall elect a board of seven (7) trustees, whose 

;;owers, duties, and term of office shall be ir, aooordanoe 

with ths proviskus of the general laws governing independent 

aohool diatriota, as they AOW exist or may be tnereafter 

enaoted;---A* (&aphasia ours.) 

Said Art. 2806, before it was amended in 1945, read iA 

part a8 r0iiows; 
Hon. T. b1. Trimble, pa;;e 3 

nC~mmon sohool dietriots may in like naMer 

be oonaolidated with ooAtiguoua~indepeAdent aohool 

diatriota, eAd the diatrlot so orrated ahall be known 

by the name of the iAdepeAd8At aohool diatrlot iAeluded therein, and the nmnagement OS the new diatriot 

shall be under the aXlatin board of truatsea of the 

indeeaent,rohx m6t.r -+!, o and 811 the rrchtraiiii 

pr 1 egea ga to independent aohool diatriota by 

i i1 

the laws of this State shall be given to the OOAaolidated independent diatriot Or88t8d under th8 proviaioAa of 

this law;---." (imphaala oura.) 

It will thus be noted that under said Art. 2806, before 

and rlnoe lta rlnal amendment by the 49th Leglalatw, when one 

or more indoueendent l ohool dietriots are oonaolldated tOR8th8r 

with oAe or iore ooauao~ aohool diatrlota, the oonaol1dat~d 

diatrlot ooAatltutea aA &Ad8P8AdeAt aohool dlatrlot, and has 

au the rlghta and prT 

- ~~~ 

Til8R88 RraAt8ddindeu8Ad8At aohool 

dlotrlota by the laws o? this State. 

Theraron, under the protlalona ot Art. 2806,,.R. 0. s., 1925( 

as Snmded. the Quitnan IAd8DSAd8At sohool DlOtrlOt. l inoe its 

ooAaoll~ation ni&aererai okaoA SohOOl dlatriota,~ia still 

IZR-~?+~ZX oiateea of-tire m8mbara. shall Oerve as a 

an lnde ndent l ohool dlatrlot; Its present truatee~~atbo&d Of truateea of th8 oonaolld8ted dlatrlot until the A8Xt 

regular eleotlon of trustees, as preaorlbed by g8A8ral law, 

same being Art. 27'77, R. C. S., 1925. At that tima, bein& the 

ifrat Saturday or~Apri1 following ooAa6lidation, the ooAaolidatsd dlatrlot shall eleot a board of ~30811 truateoa, whose ,powera, 

dutloa, and terms of ofiioe shall be iA aooordanor with thb pror~aioAa oi the g8neral laws governing indepeAd8nt.aohool dlatrlota. 

Tho quea5ion AQY ariaas oonoernlng the terms or 0rfl08.0r 

the aev8n trustees of the ~ultman (oonaolldated) IAd8p8nd8At 

Sohool District, to be elected 8t the general elsotion to be 

held on the first jaturda: in ;r;ril of 1546. zaid terzs &x 

&OV8rn8d by the provisioA8 of at. 277i+a, V. A. C. 5. Laid 

art1018 was passed in 1530 by the &lst Legislature, Fifth 

.- Celled 38asion, ZaCe 212, Cha>ttr 66, ;eo. 3 tnereof reads 

in pert as follows: 

"&8CtiO& 3. The board of coUlity scnool trtisttxs at 

its next neetkg aftar the cocsolidation of scLoo1 

dl8triota la declared %;a11 a;;oint a board of seven 

trustees for the consolidated distriot. MO ?irsoA shall 

be trustee who o8nnot read and rr:te the ;n:lish laA~uai;e 

understandingly, and who has not been a resident 01' this 

Stat8 on8 y.-ar, and of the district six SoAths, prior to 

his appointment or electior~. Those elected at thz first 

elaction .¶.'.a11 5LLt;l‘z:JE j; lot 'r:1.; t=y:- i'3yyeAE cz"e 

to sb,ry=. --'II: t.i.rr5 s::.:j;"c 2:ic',-*i. i-iu:;b,,-s o:.::, ti*i13 2-d 

ttflee sf:all S;:‘Vi r’or 0T.i; yk:21', t-i- ; ~3 saij6l-s t,-ijai;.; 
Hon. ,T. 2.. TrLnble, ier;e 4 

numbers four and five ahall sdrva for two years and the 

two mambsrs drawing numbers 81x and seven shall servs 

fcr thrss yaars, or and until their suooessors ars 

elsoted and qualified; and regularly therasfter on the 

first Saturday in April of eaoh year three trustees or 

two trustees shall be eleotsd for a term of threa years 

to suooasd the trustees rho88 term shall at that tlma 

srpire . The members of the board remaining after a 

vaoanoy shall ill1 the sass Sor the unexpired term.* 

(Empharir ours.) 

Sso. 7 of said Arty.. 277l+i reads as followst 

wao. 7. All laws and part8 Of lawr, bothgeneral 

and speoial, in oontliot with the provisions of this aot 

are hsrsby rapealsd.a 

B8iore'tho parr&gs or Art. 27748 the term8 oi orrioe or 

trustees of OOn8Ol~aatsa rohool ai8tri0t8 were rhea br Art. 

2898, R. C. S.,. 1925; wkioh tab. anaotad in 1919 by the 36th 

Legislaturr, S000na c8ued Session, chap. 65 H. B. lid, Page 

167. said Art. 2808 provias8 Impart a8 rdmt 

“The terms Of OffiOa Or three Or ths trll8tSe8 8haU. 

expire on the first day.oS Ray next hollowing ,t+hsir 

appoitttmsnt, anb the term8 or orrioa 0r ths Other' tour 

trurters shall expire'011 the first day of May of the 

utoosaaing year, as those so appointed rhqll datsrmlns 

by 10% i8Oh year thereafter altsrIUjt8ly thrSs trrutaer 

ma four trusters shsll be 818Otea by the pualiriea voters 

or the distriot on the first Saturday of April, tttta 

trustsss so eleotad shall enter upon the dlrohargs of 

their autie8 on the first day 0r May next r0iiowing, ma 

serve for a term of two years thereaftsr.v 

Therefore, Art. 2&3 has been repealed insofar as it confliots with the provisiots of sea. 3 of Art. 277&a. Xhere thcra , 

is such a conflict, Jet. 3 0;’ Art. 2774a must be foiip<Jed, t;rd 

the eledtix arC tcrzs 0 f office of the trustees of such cor,~~lidated district ~usi be ;avtrred accordiwly. 

Although the .,uitmn Ihde?endect 551001 Xst?ict was crt;stez 

by special la-#, its consolidation ;uitkl the VSriOUS CO3iXOr; SChOOi 

districts was effected under the general laws Of this 5tate. 

Therefore, said cocsolidstion Is govemedysuch genersl laws, 

the provisions of Art. 2S00X 3. C. Se, 142j, 

;iec. 1 Of irrt. m, voTesvfic 
Hon. T. 2;. Trinble, pa,.= 5 

You are therefore advised that the present. trustees of the 

:+uitman Independent School Distriot should oontinue in offioe as 

such until the naxt regular eleotion of truatees on the first 

Saturday in April of 1946, at which time the oonsolidatad dietriot, 

which is an independent soLoo dietriot, shall elect a board of 

seved TriGtees. Those iZZYZ0tea ah 

aloh they are to serve. 

ail ~~y-l~c~erma 

The three members drawing numbers 

one, two, and three shall serve for one year; the two members drawing numbers four and five shall serve for two years; and the two 

members drawing numbers six and seven shall serve for three years, 

or and until their sucoessors are eleoted and qualified; and regularly thereafter on the first Saturday in April of eaoh year, three 

trustees or two trustees shall be eleoted for a term of three years 

to sudoeed the trustees whose terma'at that time axplre . Also, the. 

members.of the board remaining after a vaoanoy shall SLl the same 

for the UIt8XpiMa term. See Seo. 3 of Art. 2??ba, supra, for other 

prOOeading8 whloh said new board of trustees 8hhould follow. 

718 further dlreot attention to the following faotr: Seotion 

3 of Art. 2?748~8pplisS to all oonsolldatad dbtriots, both oommon 

and independent exospt as mfied by Art. 2806 R. C. A., 1925, 

Q8 IWWta8a. By' the provirioni, 0s 88ia Art. 280&, as amenara the 

~uitman Independent Sohool District, after baing oonsollaate~ a8 

8fOre88ld, IS Still an independent sohO di8trlOt. Thersfo;re, it8 

present five-member board of trustees shall continue to serve as the 

board of trustees of said oonsolidatea aistrlot until the next 

regular elaotion 0s trustees. Ill this respeot, Art. 2??4a is (nodiriea 

by Art. 21306, as amended. The board of county sohO trustB88'~has 

no authority to appoint a new board of seven trustees for a oonaolldated inaeoenaant sohool dietriot. It doe8 have suoh aU=itY, 

under Seo. 3 of.Art. m-wlen oommon sohool districts on1 are 

oonsolldatad; and such authority ~beexarcised at SafdUttY 

boara's nex~t meeting after the consolidation of such school dietriOt 

is deolared. Also, since the kultman Independent Sohool District 

ie now a o:nsolldated lnde ndent school district the terms 0s 0rri0e 

0s Its seven tzustzes \-em dt be .;JverIkii tjr 

the provisions of seid sec. 3 of Art. 2??4e, ant not by the Povisio::s 

of Xrt. 2758 of the ;3,. C. j. of 1525. This la,st aentior?ed artfcle 

a?;;lies to iridepez.dent sczool districts creat&d 6nd inCOr;oret~d 

mder the provisiocs of .,rt. 2757, ;i. C. 5., 1525, as pointed out 

and discussed ir our ijpi~;o~ ::a. C-1595.