March 15, 1968 @4!-mLdL s-/7/ 

Dr. J. W. Edgar 

.&A (2yyLdL&l 

Commissioner 

Texas Education Agency 

Austin, Texas Opinion No. M-212 

Re: Whether under the submitted 

facts an Independent School 

District may issue bonds 

pursuant to Article 2784e, 

TJ-exP “I. T?.&g-&Ti Y!-tn?MI’Cb VihL %.‘%~C~u~ .

In your recent request for an official opinion from 

this office, you submitted the following facts: 

(1) On April 22, 1958, an Independent school 

dj.strSct a. voted a maintenance tax of $1.30 pursuant 

to the provisions of Article 2784e. Vernon’s Civil 

Statutes. 

(2) On October 8, 1964, the County Board of 

School Trustees of the county in which the Mstrict 

Is located annexed a common school district to the 

District. 

(3) On November 2, 1964, the Board of Trustees 

of the District called an election for November 18 

1964 for the purpose of authorizing the District 40 

assde the outstanding Indebtedness of the enlarged 

District and authorizing the Board to levy a malntenance tax not to exceed $1.30 therein. Both propositions received favorable vote. 

b. 

(4) In calling the election for November 18, 1964, 

the Board Inadvertently used printed forms which provided that the maintenance tax, if authorized would be 

levied pursuant to the provisions of Article k@ke-1, 

Vernon’s Civil Statutes v 

(5) On September 12, 1967, the Board called an 

election to be held October 10, 1967, for the purpose 

a. Hereinafter referred to as “the District 

b. Hereinafter referred to as “the Board” 

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. * 

Dr. J. W. Edgar, page 2 (M-212) 

of authorizln 

to Article 27 8 

the levy of a tax of $1.40 pursuant 

$1. 

4e and authorizing the issuance of 

100,000 in bonds under Article 2784e. Both 

p&positions carried in the election and on January 15, 1968, the Board passed an ogder authorizing 

the issuance and sale of the above mentioned bonds. 

(6) No bonds have ever been voted or issued 

by the District pursuant to Article 2784e-1. All 

outstanding bonds of the District have been Issued 

pursuant to Article 2784e. 

You then ask whether under these facts the District 

may issue bonds pursuant to Article 2784e, Vernon's Civil 

Statutes, as authorized in the election held on October 10, 

1967. 

Article 2784e and Article 2784e-1 are alternative 

methods of Issuing school bonds. 

Opinion No. S-171 (1955). 

Attorney ,$Ieneral's 

Clearly once a district has 

adopted the provisions of Article 2784e-1 

and issued bonds pursuant thereto, commonly known as 

"unlimited tax bonds" it could not then subsequently:.readopt the provisions Af Article 2784e and revert to a 

limited tax district. A district that had not issued bonds 

pursuant to Article 2784e-1, however, would be authorized 

to revert to a limited tax status under Article 2784e and 

Issue bonds pursuant thereto upon approval of the qualified 

electorate. We accordingly hold that under the submitted 

facts the District may issue bonds pursuant to Article 2784e. 

This opinion should not be construed as overruling 

Attorney General's Opinion No. S-171 (1955) except where in 

conflict therewith nor should this opinion be construed as 

final approval of the Dlstrietla bonds by this Department. 

SUMMARY 

The Independent School District may issue bonds 

pursuant to Article 2784e Vernon's Civil Statutes, 

under the facts submitted. 

General of Texas 
Mr. J. W. Edgar, page 3 (M-212) 

Prepared by John W. Fainter, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips Chairman 

Kerns Taylor, Co-Cl&airman 

W. V. Geppert 

Joseph Ii. Sharpley 

Malcolm Quick 

James McCoy 

A. J. CARUBBI JR. 

Executive Assistant 

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