- TO EACH COUWY JUDGR IW TEAS: 

Due to wide interest,a copy of this is sent for your informatton. 

HE N 

OF TEXAS 

AUSTIN. TEXAS 

April 1, 1950 

Hon. J. P. Yllliams 

County Attomiey 

Poakum County 

Plains, Texas 

Dear air: 

Opinion Ho. V-1026 

Re: Present status bf 

Plains Real High 

School Dlstriot under 

facts submitted'and 

S&230, Acts 51st 

R.S. 1949 (Art. 

281jL2, v.c.s.) 

We quote frcln your recent inquiry as folmm: 

"Plains was originally one of several oommon school distriots of Yoakw County, and was known as Plains Common Sohool 

Mstriot Ao. 1. 

"In 1931, Plains Common Distriot and 

Stanford Valley Comon Bohool Mstriot were 

oonsolidated by an election for suoh purpose 

held in eaoh suoh district, and the msulting dlstriot beoame kuown as Plains Consolidated Common Sohool District Ho. 1. 

"On AprLl 29, 1939, an election was 

held pursuant to order of the Yoakum County 

Board of Trustees to vote on the grouping 

of swh Plains Consolidated district, Centre Point Common Sohool Distriot and Glen 

Park Common 3ohool District for rural hlgb 

sohool purposes. lhis eleotion oarried in 

eaoh of swh distriots was so declared by 

the County Boqd of Trustees, and became 

known as Plains Rural High School Distrlot 

Ho. 1. 

"On Juue 17, 1941, pursuant to order of 

Yoakum County Board of Trusteea, an eleatl.on 

was held for groupiug, and assumption of bond 

Lndebteduess of said Plains district, in-g 

land and Turner Common School Dlstriots and 

said Plains Rural High School Dlstrlot. This 

election carried in each such district, was 
Hon. J. P. Williams, page 2 (v-1026) 

so declared by the County Board, and the 

resulting district became known as Plains 

Rural High Sohool District Ro. 1. 

“In July 1948, an election was held, 

pursuant to call by the County Jud es in 

the manner provided in ArtLcle 280 g , V.C.S., 

on question of consolidation of such Plains 

distriot and LibertyCommon School District. 

This election carried In each district and 

was so deolared by the Commissioners’ Court. 

In August 1948, an election was held in each 

of said dlstrlots on assumption of Fndebtedness, which oarrled, and was ao declared by 

the Commissioners I Court. In August 1948, 

the Commissioners ( Court entered its order 

declaring the boundaries of this new oonsolidsted district which becsme known as 

Plains Rural High School District. 

“QWSTIOR: Do the provisions of Section 5 of Article 2815-2, V.C.S. (passed in 

S.B. 230, Aots 51at Leg., R.S. 1949) constitute the above mentioned Plains Rural High 

School Distriot an Independent sohool dlstrict .~ ‘I 

Sedate Bill 230, Acts 51at Leg., R.S. 1949, oh. 

573, p.1118 (Art.2815~2, V.C.S.), effective July’22,1949, 

provides in part as follows: 

“sec. 1. Rural high school districts 

(whether formed by grouping or annexation), 

oom~~on school distrlots, oommon county-line 

sahool dlstriots, independent sohool dlstrlcts, and county-line independent sohool 

districts, . . . may be consolidated in the 

manner provided by Article 2806, Revised Civil Statutes, as amended; . . . Provided further that eaoh such rural high sohool dLstrict indicated In such oonsolidation shall 

be oonsidered as one dlstriat for votkng purposes in such consolidation eleotion . . . 

“Seo.4. Any district formed by a oonsoltdatlon under this Act shall constitute an 

independent sohool distrlot and be governed 

by the General Laws applicable to independent 

school distriots and It may thereafter be 

consolidated with any other district or districts under the provisions of this Act. 
Eon. J. P. Willlams, page 3 (v-1026) 

“Sea. 5,. Any dlstriat heretofore formed by oonsolidation in the manner provided in 

thir Aat ( Iin the manner provided by Artiale 

2806’) is hereby validated and deolared to 

constitute an independent school distrlot. ” 

The title or caption of Senate Bill 230 reads: 

“An AQt authorizing rural high school 

districts, aommon school distciots and independent school districts, inaludiug oouuty line distriots of any type, aud iualuding, 

under oertain oonditions, elementary school 

distriots wbioh, without a separate majority 

vote therein, were anuexed to or grouped with 

other distriots under Chapter 59, Acts of the 

39th Legislature, relating to rural high 

school districts, to be oonsolidated in the 

manner provided in lultiole 2806, Revised 

Civil Statutes, as amended; making provlsions for the Board of ~Trustees to serve 

such consolidated district until the next 

regular trustee eleotlon; providing that distriots oonsolidated under this Aot shall oonstitute independent sohool disttiats and be 

fi 

overned by the General Laws relatFng to inependent sohool dlatrlcts ; validating distriots heretofore consolidated in the manner 

protided ln this Act but providing that swh 

valldatlou shall not apply to any district 

involved Ln litigation brought by a taxpaying voter therein questioning the valldlty 

of such oonsolidation; enacting other proviaLoms relatLng to the subjeot; and tleolaring an emergemy. ’ 

Section 35 of Article III of the Constitutlou 

of Texas provides: 

“Ro bill . . . shall contain more than 

one subject, which shall be expressed in its 

title. But if any subject shall be embraoed in an eat, whioh shall not be expressed 

in the tLtle, such act shall be void only 

as to so much thereof, as shall not be so 

expressed. ” 

The oaptlon of Senate Bill 230 apprises that 

“di.striots oousolldated uuder this Act shall aonstitute 
Hon. J. P. Williams, page 4 (v-1026) 

independent sohool dlstrlota and be governed by the @nera1 Laws relating to independent sahool distrlats.” But 

with respect to distriots heretofore consolidated in the 

manner provided in this Act, it purports only to validate 

them. It does not apprise that ‘districts heretofore consolldated” shall oonstitute independent sohool districts. 

on the other hand, Seotion 5 of the body of the 

Aot contains certain provisions which purport to declare 

districts heretofore oonsolldated in the manner provided 

by this Act to constitute independent school districta. 

It not only validates suoh districts but in addition purports to constitute them independent school districts.The 

subject deolaring suoh districts as independent districts 

ia not expressed in the tLtl@. 

A8 a general rule, a title should be neither 

broader nor narrower than the body of an Aot. Abernath 

C. Line Cousol. etc. v. New Deal R.R.S. Dist., -T7?xuF 

T A 1939 error di 

ggex&kk~~' seo'46. 

sm., jtigm.cor.); 39 Tex.Jur. 

When the title of an Act is too 

&row or r&trl&ve to cover the body thereof, those 

portions of the Act not embraoed~ ins the title are void. 

Siherland v’. Board of Trustees 261 S.W. 48s (T~.Clv. 

. , error ref.); Abernathy C. Lin&Consol. etc. v. 

I\Tev Deal R.H.S. Dist., supra; 39 Tex..Jur. 100, Statutes, 

Qec.46. 

In view of the fact 

Bill 230 is restrioted to the 

“districts consolidated under 

independent sohool distriot : 

that the title of Senate 

subjeot providing that 

this Aot shall constitute 

. ‘I, it is our opinion 

that the provision In Se&Lou i of the body of the Bill 

whioh purports to declare "any distriot heretofore formed by consolidation in the manner provided in this Act 

an independent school district” Is unoonstitutional. * ' 'Tex.Const. Art. III, S,ec.35. 

Therefore, Senate Bill 230 is not to be oonstrued as constituting any district heretofore formed in 

the manner provided in this Act as an independent school 

distriot. Specifically, the provislon of Seotion 5 of 

Article 2815-2, Vernon’s Civil Statutes, (Sec.5 S. B. 

230, Acts 51st Leg., R.S. 1949, ,oh. 573, p.lll8j may not 

be construed to constitute the Plains Rural High School 
. 

Hon. J. P. Williams, page 5 (v-1026) 

Distriot an independent school dlstriot. Of course, any 

school district formed from two or more oommon school 

distriots, from a common school dlstrlot and a rural high 

sohool district, or from any combination of districts 

enumerated in Section 1 of Senate Bill 230 as a result 

of a consolidation election ordered and held in the manner provided in Article 2806 after the effeotive date of 

Senate Bill 230 (July 22, 1949), is an independent school 

district. 

SUMMARY 

Insofar as Senate Bill 230, Acts 51st 

Lee., R.S. 1949, ch.573, p.1118 (~rt.2815-2, 

V.C.S.) purports to constitute any district 

heretofore consolidated in the manner provided in this Act as an Independent school 

distriot, it is Ln violation of Section 35, 

Article III of the Constitution of Texas lnasmuch as such portions of the Act am not 

embraced within the Title, but any dlstrlot 

formed from a combination of districts enumerated in Section 1 of Senate Bill 230, after the effective date thereof (July 22, 

1949) by a ConsolidatLon eleotion held In 

the manner provided In Artiole 2806, V.C.S., 

is an independent school district. 

Under the facts submitted the Plains 

Rural High School District is not constltuted an independent school dtstrlot under the 

provisions of Senate Bill 230. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Dlviaion 

Charles D. Mathews 

Rxeoutlve Assistant 

CEO :mw 

Yours very truly, 

PRICR DARIRL 

Attorney General 

Chester E. Ollison 

Assistant