Dr. J. W. Edgar Opinion No. M- 740 

Commissioner of Education 

201 East 11th Street Re: Changing date of election 

Austin, Texas 78101 for district trustees of 

an independent school 

Dear Dr. Edgar: district in Bexar County. 

In your recent letter, on behalf of the Board of 

Trustees of the North East Independent School District in 

Bexar County, you request the opinion of this office as to 

the authority of that board to change the 1971 day of its 

school trustee election from the first Saturday in April to 

the last Saturday in March, 1971. 

Since Bexar County has a population of 500,000 or 

more, the Board of Trustees of each Independent School District 

in Bexar County clearly has the authority under Section (a), 

Article 23.08, Texas Education Code, to make the suggested 

change by official resolution of the Board. Section (a) reads 

as follows: 

"(a) Elections for trustees of independent 

school districts shall be held on the first Saturday 

in April, except that in counties having a population 

of 500,000 or more the trustees may by official resolution select any other Saturday." 

You have also submitted for our consideration the 

following question: 

"Assuming the boards of trustees of every 

school district and the county school board of 

Bexar County by official resolution(s) respectively select, for the year 1971 only, the last 

Saturday in March (March 27, 1971) to hold the 

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Dr. J. W. Edgar, page 2 (M-740) 

trustee elections, do the quoted laws contemplate 

or permit the selection of any Saturday prior to 

the first Saturday in April, and/or for one year 

only." 

We are of the opinion that where the districts all 

agreed on the same Saturday they could select the last Saturday 

in March (March 27, 1971) or any other Saturday in 1971 prior 

to the first Saturday in April. 

With respect to whether the effect of such actions 

would be to change the election date for one year only, we are 

of the opinion that the resolutions could lawfully 'be made effective for either the single year 1971 or for that and subsequent years, according to the manner in which the resolutions 

are drawn, In your assumed situation the result apparently 

desired would require that all resolutions be alike in this 

respect. The rasolution that you have submitted for the North 

East Independent School District would be effective for only 

the year 1971. 

,In this respect it should be pointed out that actions 

of a board would not bind future boards, those boards being free 

to again change the election date within the limits of the governrng statutesYour letter also submitted other questions. However, 

subsequent to our receipt of the letter you agreed that we 

should not answer the other questions because they only present 

related hypothetical situations which do not exist at this time. 

SUMMARY, 

Under the provisions of Section (a), Article 

23-08, Texas Education code, the Board of Trustees 

of each independent ,school district in Bexar County 

has the authority to change the 1971 day of its 

school trustees election from the first Saturday 

in April to the last Saturday in March, 1971. 

3400,. 
. . 

Dr. J. W. Edgar, page 3 (M-740) 

By suitable drafting the resolutions of the 

Boards could lawfully be made effective for either 

the single year 1971 or for that and subsequent years, 

but future Boards would be free to again change the 

date within the statutory limits. 

neral of Texas 

Prepared by James S. Swearingen 

Assistant Attorney General 

APPROVED8 

OPINION COKMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

William J. Craig 

Gordon Cass 

Jerry Roberts 

Roland Allen 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFREDWALKER 

Executive Assistant 

NOLA WIWl’E 

First Assistant 

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