R-767

Eon. John A. Romberg OpinionNo. 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 determinewhether or not Leesvllle Common School District shallbe annexed to Nixon Independent SchoolDlstrlctby the County SchoolTrustees, 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.~FreestoneConsolidatedCommon SchoolDlstrlot, 127 5. w. (2d)205, 03 **f0110~~:**

"Nscesssrlly,under the general lrngusge urod in seld erticle, the county school trustees of each county ore vestedvith a large discretion in the exercise of the poverr ad conferred, and the courtswill not ordinerily interferevlth 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 officedated Meg 20, 1936, addressed to JessC. Leven, CountyAttorney, 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 trusteeshas authority to group certain school districts into ruralhigh schooldistricts upon 8 vote of the people in caveswhere the territory involved embracesmore than 100 squaremiles

can not be disputed. The election itself, however, does not constitute a groupingbut merely amounts to 8 petition on the part of the people that said groupingbe had by the county board. As to whether or not such grouplngwill be had is still discretionary with the county schoolboard."

The above opinion of this officerefers to Board of Trustees vs.Woodrow Independent SchoolDistrict, 90 3.W. (2d) 333, snd quotes from same 8s follows:

"TheBoard's action comportswith the plainestprinciples ofhonesty and fair dealing. By stetutev It Iv given unbridled power over the formation of rural schoolastrictv.n (Underliningin 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~existrests solelywith 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 thismatter and that their judgment iv not to be assailedby 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 vestedwith the discretionaryauthority to order the election to test the sentiments of the electors of the district and once 8 favorablevote is received, it still remainswith them to decidewhether 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 trusteesmay revoke an order calling sn election to annex a common school district to sn independent school district If in their discretionnecessity for the election no longer exists. Art. 2922c,

v. c. 3.

Yours very truly

JTB/lh