June 8, 1967 

Honorable J. W. 

Commissioner of 

Texas Education 

Austin, Texas 

Dear Dr. Edgar: 

Edgar Opinion No. M-86 

Education 

Agency Re: Whether Sections 3 and 4 of 

Article 26881-l supersede 

and have application, in 

lieu of Section l(c) of 

Article 26aae, to counties 

(other than Gollad) which 

have abolished the elective 

county superintendent, and 

thereafter abolished the 

office of ex officio county 

superintendent and county 

school board under Article 

2688e, and related questions. 

In connqctlon with your first question, you have advised 

us that Stephens County, on June 26, 1965, by an election held In 

that county, abolished the office of county school superintendent. 

On April 1, 1967, by an election held in Stephens County, the office 

of ex officio county school superintendent and the county school 

board were abolished. Your essential question Is which of two 

possible statutes apply to the actions taken by Stephens County: 

Article 2688e, Vernon’s Civil Statutes , or Article 26881-1, Vernon’s 

Civil Statutes. 

26801-i : 

In this connection we quote a portion of Article 

‘Section 1. This Act applies to a county 

“(1) If the office of county superintendent 

and the county school board has been abolished In 

the county; and 

“(2) If the county has one county-wide lndependent school district and no common school distrlct. 

“Sec. 2. The office of ex officio county superintendent is abolished upon the effective date of this 

Act. ” 

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. .- 

Dr. J. W. Edgar, page 2 (M-86) 

It Is apparent from Section 2, supra, that the primary 

purpose of Article 26881-l was to effect the abolishment of the 

office of ex officio county superintendent In certain counties. 

Inasmuch as the county here involved abolished the county school 

board and the ex officio county superintendent at the same time, 

It Is the view of this office that the requirements of Article 

26881-l were never met, and that Stephens County remained within 

the scope of Article 2688e. This would also be true of all other 

counties Involved In abolishment situations which do not come 

wlthln the precise terms of Section 1, Article 26881-1, quoted, 

In part, supra. It therefore follows that those counties which 

do not fall within the terms of Article 268814 must continue to 

follow the procedures established in Article 2688e. In answer to 

your specific question, you are advised that Sections 3 and 4 of 

Article 26881-l do not supersede and have application, in lieu of 

Section l(c) of Article 2688e, to counties (other than Gollad) 

which have abolished the elective county superintendent, and thereafter abolished the office of ex officio county superintendent and 

county school board under Article 2688e. 

Dependent upon the answer to your first question, you 

have asked the following: 

When should the county judge's services 

and additional compensation as ex officio county 

superintendent In Stephens County cease. 

In connection with this question , we quote Article 2688e, Section 

l(c), Vernon's Civil Statutes: 

"(c) Where the majority of the qualified 

electors approve the abolition of the office of 

the ex officio county superintendent and county 

school board, the duties of such abolished offices 

as may still be required by law shall be and become 

the duties of the office of county judge of said 

county upon the expiration of the current term of 

office of the ex officio county superintendent, and 

said county judge shall not be entitled to nor receive any additional comEensatlon as a result of 

these additional duties. 

It Is our view that the plain terms of the statute operate to 

transfer the duties of ex officio county superintendent to the 

county judge only upon the expiration of the current term of 

office of the ex officio county superintendent. The net effect 

Is that the county judge (who acts as the ex officio county superintendent) receives remuneration for acting as ex officio county 

-391- 
Dr. J. w. Edgar, Page 3 (M-86) 

superintendent up until the time of the expiration of his current 

term of office, at which time he Is required to perform the same 

duties without remuneration. 

SUMMARY 

Sections 3 and 4 of Article 26881-1, V.C.S. 

do not supersede and have application, in lieu 

of Section l(c) of Article 2688e, V.C.S., to 

counties (other than Gollad) which have abolished 

the elective county superintendent, and thereafter 

abolished the office of ex offlclo county superlntendent and county school board under Article 

2688e. 

Where the office of ex officio county superlntendent has been abolished under Article 2688e, 

V.C.S., the abolishment takes effect upon the expiration of the current term of the ex officio 

county superintendent, at which time the duties 

devolve upon the county judge, who shall perform 

these dutles without additional compensation. 

V 

2@ 

truly yours, 

- 

Prepared by Malcolm L. Quick ' 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

W. V. Geppert, Co-Chairman 

John Banks 

John Fainter 

Kerns Taylor 

Alan Minter 

STAFF LEGAL ASSISTANT 

A. J. Carubbi, Jr. 

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