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

Dr. J. W. Edgar .&A (2yyLdL&l Commissioner Texas EducationAgency Austin, Texas Opinion No. M-212
Re: Whether under the submitted facts an IndependentSchool Districtmay 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 submittedthe followingfacts:

(1) On April 22, 1958, an Independentschool dj.strSct

a. voted a maintenancetax of $1.30 pursuant to the provisionsof 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 authorizingthe District 40 assde the outstandingIndebtedness of the enlarged Districtand authorizingthe Board to levy a malntenance tax not to exceed $1.30 therein. Both propositions received favorablevote. b.

(4) In calling the election for November 18, 1964, the Board Inadvertently used printed forms which provided that the maintenancetax, if authorized would be levied pursuant to the provisionsof 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. Hereinafterreferred to as “the District b. Hereinafterreferred 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 $1. 4e and authorizingthe issuanceof 100,000 in bonds under Article 2784e. Both p&positions carried in the election and on January 15, 1968, the Board passed an ogder authorizing the issuanceand sale of the above mentionedbonds. (6) No bonds have ever been voted or issued by the Districtpursuant to Article 2784e-1. All outstandingbonds of the Districthave been Issued pursuant to Article 2784e.
You then ask whether under these facts the District may issue bonds pursuantto Article 2784e, Vernon's Civil Statutes,as authorizedin the electionheld on October 10, 1967. Article 2784e and Article 2784e-1 are alternative methods of Issuing school bonds. Opinion No. S-171 (1955). Attorney ,$Ieneral's Clearly once a districthas adopted the provisionsof Article 2784e-1 and issued bonds pursuant thereto, commonly known as "unlimitedtax bonds" it could not then subsequently:.readopt the provisionsAf Article 2784e and revert to a limited tax district. A district that had not issued bonds pursuantto Article 2784e-1,however,would be authorized to revert to a limited tax status under Article 2784e and Issue bonds pursuant theretoupon approval of the qualified electorate. We accordinglyhold that under the submitted facts the Districtmay issue bonds pursuant to Article 2784e. This opinion should not be construedas overruling Attorney General'sOpinion No. S-171 (1955) except where in conflict therewith nor should this opinion be construedas final approval of the Dlstrietlabonds by this Department. SUMMARY The IndependentSchool Districtmay issue bonds pursuant to Article 2784e Vernon's Civil Statutes, under the facts submitted.

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

Preparedby John W. Fainter, Jr. AssistantAttorney 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. ExecutiveAssistant

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