Hon. Bevington Reed Opinion No. M-851 

Commissioner, Coordinating Board 

Texas College and University System Re: Can the Houston InP. 0. Box 12788, Capitol Station dependent School District 

Austin, Texas 78711 establish a junior college 

district under provisions 

Dear Dr. Reed: 

of Section 51.011 of the 

Texas Education Code? 

You have requested the opinion of this office concerning whether the Houston Independent School District may utilize 

the provisions of Section 51.011 of the Texas Education Code to 

organize a junior college district coterminous with the boundaries of the Houston Independent School District or must the 

organization and creation of such a junior college district be 

pursuant to the provisions of Article 2815h-2a, Vernon’s, Civil 

Statutes. 

Both Section 51.011 of the Texas Education Code and 

Article 281Sh-2a were enacted by the 61st Legislature in 1969. 

Section 5 of House Bill 534, Acts of 61st Legislature, 1969, 

Regular Session, Chapter 889, the Texas Education Code, provides that: 

“If any act,passed at the same session of 

the legislature conflicts with any provision of 

the Texas Education Code, the.act prevails.” 

(Emphasis added.) 

This office has previously-held that’ ininstances where a provision of the Texas Education Code conflicts with another statute 

passed at the same session of the Legislature which enacted the 

Code that the provisions of the statute control over the provisions of the Texas Education Code. Attorney General’s Opinion 

No. M-649 (1970). In view of the foregoing, it becomes necessary 

to ascertain whether Section 51.011 of the Texas Education Code 

and Article 2815h-2a are in conflict. 

Section 51.011 of the Texas Educ,ation code and the ensuing sections of Subchapter B thereof, as well as Article 2815h-2a, 

deal with the creation of junior college districts. 

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‘Hon. Bevington Reed, page 2 (M-851) 

Section 51.011 authorizes the establishment of an 

independent school district junior college in instances where 

the assessed property valuation of the district is not less than 

$12,000,000 and the average daily attendance in the high schools 

within the district is not less than 400 students, or where 

the assessed property valuation of the district is $20,000,000 

or more and the average daily attendance in the high schools 

within the district is less than 400 students but not less than 

300 students. 

The petition for an election to create a junior college 

district pursuant to Section 51.011 is provided for in Section 

51.012, and such petition must be signed by not less than five 

percent (5%) of the qualified taxpaying electors of the proposed 

district. Pursuant to the provisions of Section 51.016 and 

Section 51.017 a junior college district established pursuant 

to Section 51.011 may be governed by either the board of trustees 

of the independent school district or a separate board of trustees 

for the junior college district. Section 51.012 authorizes the 

governing board of a junior colelge district created pursuant to 

Section 51.011 to issue bonds and levy ad valorem taxes. The 

annual bond tax rate is limited to fifty cents ($.SO) on the 

$100 valuation of taxable property in the district, and the annual 

bond tax together with the annual maintenance tax cannot exceed 

the aggregate of one dollar ($1) on the $100 valuation of taxable property in the district. 

Article 2815h-2a authorizes the creation of junior 

college districts by school districts having an assessed valuation of more than $3,868,000,000 and located in a county having 

a population of 1,200,OOO or more. Section 2 of Article 2815h-2a 

provides for the calling of an election to create a junior college district upon the petition of at least ten percent (10%) of 

the qualified taxpaying voters of the district. If authorized 

by the voters a junior college district created pursuant to 

Article 2815h-2a may issue bonds and levy a tax not to exceed 

ten cents ($.lO) per $100 of the assessed valuation of all taxable 

property situated within the district. Section 5 of Article 

2815h-2a requires the election of a board of trustees to govern 

the junior college district at the time of the election to decide 

the issue of creating the junior college district. 

The foregoing observation concerning the provisions 

of Article 2815h-2a and Subchapter B of the Texas Education 

Code disclose that there exist numerous differences between the 

two procedures for creating junior college districts -- the 

percentage of voters to be obtained on the petition calling 

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Hon. Bevington Reed, page 3 (M-851) 

for an election on the issue of creating the junior college 

district, the tax vote, the manner of providing for the governing board of the junior college district, and the basic requirements that a district must have to avail itself of either Section 

51.011 of the Texas Education Code or Article 2815h-2a. 

As Section 51.011 of the Texas Education Code and 

Article 2815h-2a do differ in their provisions, this then raises 

the question of whether the Houston Independent School District 

may comply with the provisions of Subchapter B of the Texas 

Education Code or must it comply and be governed by the provisions of Article 2815h-2a in connection with the creation of a 

junior college district. Pursuant to our holding in Attorney 

General's Opinion M-649 (1970), if these provisions are in conflict then the provisions of Article 2815h-2a will control. 

Section 1 of Article 2815h-2a provides, in part, 

that: . 

"A~school district . . . ma establish a 

junior college district as prove -3 ed by the Act<" 

(Emphasis added.) 

Subdivision (a) of Section 51.011 of the Texas Education Code provides that: 

"An independent school district junior 

college w be established in either of the 

following types of units:" (Emphasis added.) 

opinion, 

By the information contained in your request for our 

it would appear that the Houston Independent School 

District meets the basic requirements to avail itself of either 

the provisions of Article 2815h-2a or the provisions of Section 

51.011 of'the Texas Education Code in connection with the 

creation of a junior college district. However, your request 

further indicates that the Houston Independent School District 

has elected to proceed pursuant to the provisions of Subchapter 

B of the Texas Education Code rather than Article 2815h-2a. 

Where statutes relating to the same subject matter 

are enacted at the same session of the Legislature, it is presumed that they were enacted by the same policy and imbued 

with the same intent, and in ascertaining legislative intent 

they will be read together as though they were embraced in one 

act or were supplemental to each other since they are in pari 

materia. Garrett v. Mercantile National Bank at Dallas, 140 

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Hon. Bevington Reed, 

Tex. 394, 168 S.W.2d 

page 4 (M-851) 

636 (1943). The courts will generally 

. . . interpret the language usea in a statute in a manner to make 

all relevant laws harmonious if possible. State v. Standard 

Oil Co., 130 Tex. 313, 107 S.W.Zd 550 (1937); Griffin v. City 

mahachie, 276 S.W. 201 (Comm.App. 1925). Statutes enacted 

by the same Legislature relating to the same subject should be 

interpreted, if possible, so as to harmonize their provisions. 

Slater v. Ellis County Levee Improvement District No. 9, 120 

Tex. 272. 36 S.W.2d 1014 11931‘1. Statutes will not be construed as conflicting if such construction can be reasonably 

avoided. Mitchell v. Hancock, 196 S.W. 694 (Tex.Civ.App. 1917, 

no writ). 

Both Article 2815h-2a and Section 51.011 of the 

Texas Education Code make use of.the word "may" in connection 

with the creation of a junior college district. In the case 

of Ross v. Tide Water Oil Co., 136 Tex. 66, 145 S.W.2d 1089 

(1941), the Court stated: 

"'May' will not be treated as a word of 

command unless there is something in the context or subject matter of the act to indicate 

it was used in that sense. . . .ll 

The courts have normally interpreted the word "may" to be oermissive rather than mandatory.- See Hudson Underwriters Agency 

of Franklin Fire Insurance Co. v. Ablon, 203 S.W.2d 584 (Tex. 

Civ.App. 1947 d' ) Kleck v. Zoning Board of Adjustment 

of City of Sai ~X:%01s!i9'S.W.2d 406 (T .C' A . 1958 

ref.); State v. Clemen;s 319 S.W.2d 450 ~~exl~ivP~pp. 1958 

error 

error ref.). As the Leeislature has made use'of the word "Aav" 

in both Article 2815h-2: and Section 51.011 of the Texas Edu-' 

cation Code, it would seem to indicate that the intent was to make 

available alternative procedures which could be used in creating a junior college district. Had the Legislature desired that 

only Article 2815h-2a or Section 51.011 of the Texas Education 

Code be available, it would seem that mandatory rather than permissive language would have been used. 

In view of the foregoing rules of statutory construction, 

and in view of the use of the word "may" in both Section 51.011 

of the Texas Education Code and Section 1 of Article 2815h-2a, 

we are of the opinion that the provisions of Subchapter B of the 

Texas Education Code and Article 2815h-2a should be given a 

construction or interpretation which would harmonize them rather 

than raise a conflict between them. Consequently, we are of the 

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Hon. Bevington Reed, page 5 (M-851) 

opinion that Section 51.011 of the Texas Education Code and 

Article 2815h-2a provide for alternative means of creating or 

establishing a junior college district, and the Houston Independent School District has the option of selecting which 

of the procedures available it will follow and by which it 

will be governed in establishing such district. 

SUMMARY 

Section 51.011 of the Texas Education Code 

and Article 2815h-2a, Vernon's Civil Statutes, 

provide for alternative means of creating or 

establishing a junior college district and are 

not in conflict. The Houston Independent School 

District has the option of selecting which of 

the procedures available it will follow and by 

which it will be governed in establishing such 

district. A 

Prepared by Pat Bailey 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bob Lattimore 

Vince Taylor 

Tom Sedberry 

Linward Shivers 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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