Mr. David G. Hunt 

Assistant Commissioner 

Coordinating Board 

Texas College and University 

System 

Sam Houston State Office Bldg. 

Austin, Texas 

Dear Mr. Hunt: 

Opinion No. C-721 

Re: Whether the Galveston 

Junior College District 

that was created In 

November of 1935 Is 

still in legal existence 

and related questions. 

By recent letter you have requested an opinion 

concerning the above stated matter. Your letter raises, 

In essence, the following four questions: 

(1) Is the Galveston Junior College 

created in 1935 still in existence? 

(2) Did boundary lines of the Galveston 

Junior College expand to remain coterminous 

with the Galveston Independent School District 

which expanded in 1960 to Include Districts 

No. 707 and No. 9 of Galveston County, Texas? 

(3) Can the Union Junior College District 

disannex territory which overlapps the Galveston 

Junior College District by authority of Article 

281513-1, Vernon's Civil Statutes, or some other 

applicable statute, and certify such fact to the 

Galveston County Commissioners Court for further 

action? 

(4) Assuming an affirmative answer to the 

above, what legal steps will be required In order 

to reactivate the Galveston Junior College Dlstrict? 

In 1958 this office held in an opinion (WW-395) that 

the Galveston Junior College District , although inactive because 

a maintenance tax was never approved by the voters, was still in 

existence. 

It Is our present opinion that the Galveston Junior 

College District Is still In legal existence. This opinion Is 

-3473- 
1 . 

Mr. David 0. Hunt, page 2 (C-721) 

based upon a review of all applicable legislation, and the 

established rule that Inactivity or nonuae in Itself will not 

abolish such a legally created entity. Harbin Independent' 

School District v. Denman, 200 S.W. l@(Tex.Civ.App. 1918, 

reversed on other grounds 222 S.W. 538). 

Question No. 2 requires an analysis of Article 2815s, 

Vernon's Civil Statutes, which is quoted In part as follows: 

"Section 1. This Act shall apply to any junior 

college district created with the same boundary lines 

as an independent school district, the board of trustees 

of the independent school district being governing 

board of the junior college district. Whenever the 

boundaries of any such Independent school district 

are extended by consolidation , attachment of territory 

thereto, or otherwise, the boundaries of the junior 

college district shall be automatically likewise extended so that the boundary lines of the two (2) districts shall remain identical." 

This Act covers all junior college dlstrlcts created 

prior to its enactment where the governing board and boundaries 

are the same as an independent school district at time of creation 

of the junior college. Furthermore, the enlargement of the school 

district automatically enlarges the junior college district. 

It is our opinion that when the Galveston Independent 

School District was enlarged in 1960 by consolidation with the 

two other districts, the junior college district was automatically 

enlarged to Include these districts. A brief discussion of the 

original attempt to organize the junior college district in 

Galveston can be found In Attorney General's Opinion No. O-3352 

(19411, a copy of same is enclosed herewith. 

Question No. 3 is answered by the plain language of 

Article 2815~4, Vernon's Civil Statutes, quoted as follows: 

'Section 1. All junior college districts whose 

boundaries have or may hereafter become established 

so that they Include territory which prior to such 

establishment lay, and shall continue to lie, within 

the boundaries of another junior college district 

shall have the power to disannex such overlapped 

territory. 

"Upon certification by the governing board of 

such a junior college district to the county board of 

school trustees of the county in which its college 

-3474- 
Mr. David G. Hunt, page 3 (C-721) 

is located that such an overlapping condition 

exists, the county board may by resolution dlsannex the overlapped territory from the dlstrigt, 

describing such territory by metes and bounds. 

It is our opinion that the above quoted article gives' 

the County Board of School Trustees, In this case the Commissioners 

Court, the power to disannex the overlapped territory of the 

Galveston Junior College District upon proper certification from 

the Union Junior College District. 

Since the Galveston Junior College is already an 

established entity, it Is our opinion that following the requirements of Sections 4, 5, 6 and 7 of Article 281fjh~ will reactivate 

the school. 

SUMMARY 

The Galveston Junior College established in 

1935 is still In legal existence. 

By virtue of the provisions of Article 28158, 

V.C.S., when the boundaries of the Galveston Independent School District were extended to include 

additional territory, the boundaries of the 

Galveston Junior College were likewise extended. 

Upon proper certification by the Union Junior 

College District of Galveston County, the County 

Board of Trustees (Commissioners Court) may disannex the overlapped territory of the Galveston 

Junior College under authority of Article 281513-1, 

Vernon's Civil Statutes. 

Compliance with Sections 4, 5, 6 and i' of 

Article 281511, Vernon's Civil Statutes, will reactivate the Galveston Junior College, which has 

been dormant since 1935. 

Yours very truly, 

WAGGONER CARR 

AttEney General of Texas 

By: 

sistant Attorney General 

-3475- 
Mr. David G. Hunt, Page 4 (C-721) 

JMc:sck:ra 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Phillip Crawford 

Marvin Sentell 

Pat Bailey 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

-3476-