July 30, 1951

Hon. H. Clyde McDendon County Attorney Zavala County Crystal City; Texas

Dear Sir: opinionno. v-1221 , Re: Authority to dissolve a joint county junior college district creat- ;dC2der Article 2815h,

. . . question:you have requestedan opinion on the following

'May a Joint County Junior College Mstrlctorganlzed under the provisions of Art. 281513, Section 18, be dissolved,'andIf so in what manner?' Article 28~31, V.C.S., provides for the establishment of junior collegedistricts. These districts are therein designatedand classified Districts Districts t

Art. 28151-1,

Sec. l), (2 (1) Junior College
Art. 2815h, Sets. 17, 1 Union Junior College lg), (3) County-wide Junior College Districts (Art. 28156, Sets. 17 1.8, 19) and (4) Joint County Junior College Districts {Art. 281$h, Sets. 17, 18, 19). Article 2'8~31 does not authorize the dissolution of any junior collegedistrict. Section 5 of Article 2815h provides that the board of trustees of junior college districts shall be governed in the establishment, ,management,

and control of junior collegesby the general law governingthe establishment, districts. management*and control of independentschool

The phrase establishment, management,and control" cannot be enlarged to include dissolution. Moreover, boards of trustees of independentschool districtshave no authority to dissolve Independentschool districts.

House Bill 609, Acts 498, p. 922 (Art. 28154, V.C.S 71st Leg., R.S. 1949, ch. applying only to union junior college districts,providis in part:

"Ssction 1. Whenever the Legislature shall createwithin the boundary of anyHon. H. Clyde McLendon,page a (V-1221)

Is composed of the territoryof two or more counties. The provisions of Section 2 of Article 2815q cannot be construed to apply to a district composed of territory located in more than done county. We find no provision in the laws of this State which authorizes the dissolutionor abolishment of a joint county junior college district. There is lacking any statutoryauthorization making the laws relating to the abolishmentof independentschool districts applicable generally to junior college districts. Furthermore, the provisionsof those statutes (Arts. 2i67- 2767f, V.C.S.) would not be appropriateto the dissolution of joint county junior college districts. For example, statutoryprovisionsfor the settlement of the affairs of an abolishedIndependentschool district, for the collectionof taxes by another school district to pay outstandingbonds and debts, and for the disposition of its assets cannot be adapted to a joint county junior collegedistrict. Their inapplicability to union junior collegedistricts,and by analogy to joint county junior collegedistricts,was recognizedby the
e Legislature in Article 2815q, when It provided for the settlement of the affairs of the dissolved union junior college district In a manner different from that provided by the law relating to independentschool districts. There beine; an absence of such authority and statutorv Drocedure to effect a dissolution.a joint co&&y~$u&r collegedistrict der present laws. cannot be dissol;edunSUMMARY Under present law, a

_ . _ joint county junior collegedistrict establishedunder Article 281gh, Sets. 17, 18, 19, V.C.S., oannot be dissolved. APPROVED: Yours very truly, J. C. Davis, Jr. County Affairs Mvision Everett Hutchinson Executive Assistant PRICE DARIEL Attorney General

Charles D. Mathews ;Fg Assistant : BY John Reeves Assistant

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