R-767 

Eon. John A. Romberg Opinion No. v-369 

County Attorney 

5enzrler County Rc: Authority of county 

Goazelea, Terse school trustees to 

rescind sn order 

selling sn election 

under Artic lea 2922e, 

2922b end 2922c, V.C.3. 

Dear air,: 

We refer to yam letter'of August 25, 1947, 

requesting our opinion 88 to whether the County School 

Truutees of Gonzales County msg rescind 6n order entered 

on August 12, 1947, calling an election September 5, 

1947, to determine whether or not Leesvllle Common School 

District shall be annexed to Nixon Independent School Dlstrlct by the County School Trustees, all in conformance 

with the provisions of Articlea 2922a, 2922b, end 2922c, 

v.c .s. 

Art. 2676, V.C.S., which vests the genersl 

aenegement and control of the public free schools end 

high schools in eech county In the county school trustees, 

is referred to by the Court in Donie Independent School 

District vs.~Freestone Consolidated Common School Dlstrlot, 

127 5. w. (2d) 205, 03 f0110~~: 

"Nscesssrlly, under the general lrngusge 

urod in seld erticle, the county school trustees of each county ore vested vith a large 

discretion in the exercise of the poverr ad 

conferred, and the courts will not ordinerily 

interfere vlth their exercise of the same unless it is clearly shown thet such discretion 

hrr been *bused. 37 Tex. Jur. p. 895." 

We quote from sn opinion of thin office dated 

Meg 20, 1936, addressed to JessC. Leven, County Attorney, 

Lubbock County, vr?tten by Joe J. Alsup, Assistant Attorney 

General,: 
Hon. John A. Romberg - Page 2 (Ro. V-369) 

"That 8 county board of trustees has 

authority to group certain school districts 

into rural high school districts upon 8 vote 

of the people in caves where the territory 

involved embraces more than 100 square miles 

can not be disputed. The election itself, 

however, does not constitute a grouping but 

merely amounts to 8 petition on the part of 

the people that said grouping be had by the 

county board. As to whether or not such 

grouplng will be had is still discretionary 

with the county school board." 

The above opinion of this office refers to 

Board of Trustees vs. Woodrow Independent School District, 

90 3. W. (2d) 333, snd quotes from same 8s follows: 

"The Board's action comports with the 

plainest principles of honesty and fair 

dealing. By stetutev It Iv given unbridled 

power over the formation of rural school astrictv.n (Underlining in opinion) 

These and other expressions referring to the 

discretion of the county school trustees in forming rural 

high school dlstrlcts indicate that the determination 

that such 8 district vhould~exist rests solely with these 

trustees. Gibson v. Couch, 153 3. W. (2) 288. The plain 

import of all cave,8 relating to county school trustees la 

that their discretion is broad in this matter and that 

their judgment iv not to be assailed by mendemuv or other 

writs to compel them to act unless there has been a plain 

abuse of discretion, fraud, undue influence or the llke. 

Since they are vested with the discretionary authority to 

order the election to test the sentiments of the electors 

of the district and once 8 favorable vote is received, it 

still remains with them to decide whether a district shall 

be formed, it follows that an order calling 8n election 

may be rescinded. 

We are therefore of the opinion that the County 

School Trustees of Gonzales County mey revoke their order 

calling an election on September 5, 1947, basing their order of revocation upon their judgment that necessity for 

the election no longer exists. 
Hon. John A. Romberg - Page 3 (No. v-369) 

SUMMARY 

County school trustees may revoke an 

order calling sn election to annex a common 

school district to sn independent school district If in their discretion necessity for 

the election no longer exists. Art. 2922c, 

v. c. 3. 

Yours very truly 

JTB/lh