OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorsble Louis T. Holland 

County Attorney 

Montague county 

Montague, Teroa 

1939, requeatlng 

the foliating faews: \\// 

coneolidato an 

The eleotlon to 

lty in the inde 

the Caaim5fm 

t5on was held to 

8ahool distriot. 

by a large an&rOatobsr 17. XQStt, 

return8 in th6 a*. 

$6 to be 17 rar 

ion, and entered 

de eoneoli@ated. 

n the manner requ5red by 

of trwkes of the comma 

to wt 5n their ofYfa5a.I aaon contest alle@ng that %Ir oan~aolUatlon and that qurilied the right to mtaj suriioient to 

It or #uoh,eleatiQn. 

e haa not bssat~eb and fe otil.. pait Court, an& the Coanty 8uperintmlant 

la holding all &ate, aotinty end looal funds of suah aomaen 

sohool dlatriat intaot in the aaaa.Of the ucmuaoLI sdrool 

distriot. No money haa been withdrawa Bern the depository 

5n the aoaouut bf the.oommon crohool dirstriat for pfiyment 

of ateaohsr'or othsr'neaoamwy taxpenes ibr the ~nho~ll~& 

of the children of such dlatr5et during the W@t jm6V8 

In &Ml, 193Q, anew~tms8se mm etiate4 i&the 

oomm8n 6OhoQl dietriot, and 5x3 Jus OS‘t;h~ yimr, I& new 
Honorable Louis T. Ilolland, Pege 2 

board purporting to aot for the.aonumn sahool distrfct, 

same into oourt end took a non-suit, whereupon the court 

permitted a former mmiber of the board to substitute h5+ 

self individually end prooeed wit&the oontest. 

Your letter continues as follows: 

"1. i’iao oooneol5dat5on'eSfeotlve 

from the date of the oanvass of the 

returns and deolaration of results 

of auah eleotion in taror or oonmlldatlon, end would suoh oommon sohool 

dlstriot at that time beoome a part 

of the Independent district, and does 

it so oontinua as such until such 

time au suld election may be set amide 

by a f+lnal judgment or a ooust of eompetent jurlsdlotlon? Thla question 5s 

based upon the proposition that no restraining order has been asked for or 

granted against auyone. 

T3. If you have answered the roregoting questlon in the neetire, then I 

auk if the Board.of Tmmtees of the 

ooarran nohool d5ntrLct~are now olothsd 

with full power snd authority to issue 

vouchers in payment of ~$undo exgonded 

r0r teacher, SUpp1i86, eto., used in 

the sbhoollng of the ohhildren of ea5d 

distriot during the year 193849. 

"It 1s my view of the situation 

that such OOllSOlidEtiO~ Wa8 Complete 

and effeative fro= and after the date 

of the oanvess~ or the retume and 

declaration of the result8 of said 

election by the aomm5ss50nerst oourt, 

and that such consolldatlon ~111 remain in rull rorae 6nd ertaot, unless, 

and until suoh'eleotlon is deolared to 

be 5nvalld by a final Judgprent ot a 

proper aourt." 

Artlole 8806; Revised Civil Statutes, lOeS, provides for the oonsolldation of oommon and independent sohool 

dfstricts, and reada, in part, as follows: 
Honornble Louis T. Hollaxl, Page 3 

“. . . The oomaIssloners*, court 

shall .A its next iueetlng oanvaea the 

return6 of said eleotion, and. if the 

votes cast in each sud ell dietrlots 

show n majority in eaoh dletriot voting separately in fsvor of such oohsolldatlon, the oourt shall deolare the 

school districts oohsol18ated.m 

The co~oiid&o~ of sohool districts boa&a OSSeotive upon tAe canvass of the election and~dealaration OS 

the result by the commlsslonere* court, aa provided In Artiole 2806. bland ~8. OrahgeSIeld Independent School DIstrict (T.C.A. 19e9), 84 LX. (ad) 73. 

The consolidation having been consummated id 

effective lmeillately upon entry of the order by the aomaI& 

s50ners~ oourt, would an eleotlon contest subsequently riled 

alleging 5rregularltIee In the conduot of sold oleation withio itself supersede and suspend the order of the oommI8sio~- 

ore' court pending a final dotermInation ot said suit7 We 

think not. iJndoUbt8dl.y the order of the oomaIesIoaer8~ oourt 

tmnrassing the result of said election and dealaring Bald 

distriots omsolldated curries with It a presumption oS.talldlty until set sside by final judgment or proper order OS 

a aourt of oompeteti jnrisCiatIon. We find no provIsion in 

our statutes which wmid authorize en individual I.n a aaae 

suoh 88 this to suspend the efiectlveness of en orbr oS the 

oorm5ssloners* court, presumptively valid on its Saae, by 

merely SllIng sn election oontest with allegations OS Irregularities in the conduat OS said election with no rastraInIna order aeked ror or granted pending the SInal determination oS the suit. 

It 5s our opinion t&at tLe consolidation OS a aommob end Independent school district beoomes effective lame&iatqly upon the cemrass of the eleotion returns~ by the maws&ssIonors* oourt with the flndine;e required by hrtlole 8806, 

Revised Civil Statutes, 1985, and in the abeenoe of an order to the contrary, eh election oontest subsequently filed 

alleging lrregularltles 1x1 said election, laould not auopend 

suoh order of ,codeolldatlon pendente lite. 

Having answere4 your first question la t&o arrlmative, your mmond question does not require sn aMwere 
Honorable Loule T. Holland, Page 4 

Thie opinion is based upon the assumption t&t 

no fatal irregularity in the conaolldation,prooeediog appears upon the face of the remmd. 

Yours very truly 

ATTORNEY GENERhL OF TkXhs 

APPROVEMUG 11, 1939 

ATTOFUTEY GEbTERAL OF TE;XAS