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### THE AITORNEY GENERAL OFTEXAS
AUSTIN. T-s 78711
February26,1976

The HonorableM. L. Brockette Commissioner of Education Texas EducationAgency 201 East Eleventh Street Austin, Texas 78701 OpinionNo. H-788 Re: Authority of State Board of Education to allocate additional professionalunits to schooldistricts containing large numbers of children of migrant workers. Dear CommissionerBrockette: you have requested our opinion regarding the authority of the State Board of Education to allocate additional professionalunits to school districts containing large numbers of children of migrant workers. you state that, at its June, 1975, regularmeeting, the State Board of Education adopted the followingresolution:

In districtshaving enrollmentswhich include five percent (5%)or more children of migratory agricultural workers and fishermen the average daily attendance utilized for Foundation School Program purposes shall be the average daily attendance earned during any two sixweek reportingperiods as determined by the district concerned. Such average daily attendance shallbe on a currentbasis.

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The Honorable M. L. Brockette - page 2 (H-788)

The resolutionwas based upon section 16.11(f)of the 1971 Texas Education Code, which provided, in pertinent part:

. . .wherethere is an annual fluctuation in attendance in the district,or where for any reason there is a marked increase or decrease in the attendance of any school district, adjustments in professional allotments shall be made by the state commissioner of education subject to applicable rules and regulations of the State Board of Education. Section 16.11(f)was completelydeleted from the revision of section 16 contained in House Bill 1126 (Acts1975, 64th Leg., ch. 334, at 0771, effective in pertinentpart on September 1, 1975. Section 16.102(a)now provides:

Regular educationprogram personnel units shall be allotted to each schooldistrict on the basis of the district's current average daily attendanceduring the 180- day school term for the 1975-1976 school year and on the basis of the district's current average daily attendance for the best 170 days of the lSO-day school term for each schoolyear thereafter. In our opinion, after the enactment of House Bill 1126, neither section 16 nor any other provision of the Education Code supports the resolutionmade the basis of your inquiry. Section 16.102(a) clearly states the formula for the allocation of personnel units, and no exception to that formula is provided. We have no authority to conclude that the deletion of former section 16.11(f)did not indicate the intentionof the Legislature to repeal that statute. House Bill 1126 stated that one of its purposeswas the "amending [of] Chapter 16.
. . Texas Education Code." Acts 1975, 64th Leg., ch. 334, at 077. It is well established that the latest expression of legislative intent supersedes its predecessor.

p.3322The HonorableM. L. Brockette - page 3 (H-788)

State v. Easley, 404 S.W. 2d 296, 300 (Tex.Sup.1966); Commercial Standard Fire and Marine Co v. Commissionerof -- Insurance, 429 S.W. 2d 930, 933 (Tex%c App. -- Austir 1968, no writ). An amendmentoperates to repeal any provision of the original act or section that is omitted. State v. Andrews, 20 Tex. 230 (Tex.Sup. 1857). While the repeal z section 16.11(f)may have been inadvertent,we are without power to ignore the clear and unambiguous language of the statute. Thus, we conclude that the Legislaturewithdrew the authorityof the State Board of Education to allocate additional professionalunits to schooldistricts under circumstances such as you describe. SUMMARY By repealing section 16.11(f)of the Education Code, the Legislaturehas withdrawn the authorityof the State Board of Education to allocate additional professionalunits to schooldistricts containing large numbers of children of migrant workers. -Very trulyyours,

Attorney General of Texas

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