- TOEACHCOUWYJUDGR IWTEAS: 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 PoakumCounty 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.) Wequote frcln your recent inquiry as folmm: "Plains was originally one of several oommonschool 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 CommonSohool District Ho. 1. "On AprLl 29, 1939, an election was held pursuant to order of the YoakumCounty 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 YoakumCounty 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, wasHon. 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 280g, 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, oommoncounty-line sahool dlstriots, independent sohool dlstrlcts, and county-line independent sohool districts,

. . . maybe 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 maythereafter 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, aommonschool 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 fioverned 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 aonstituteHon. 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. NewDeal R.R.S. Dist.,-T7?xuF

T A 1939 error di ggex&kk~~' seo'46. sm., jtigm.cor.); 39 Tex.Jur. Whenthe title of an Act is too &row or r&trl&ve to cover the body thereof, those portions of the Act not embraoed~insthe 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 i of the body of the Bill that the provision In Se&Lou 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 maynot be construed to constitute the Plains Rural High School.



### Hon. J. P. Williams, 

### page 5 (v-1026)

Distriotan independentschooldlstriot. Of course,any 

### schooldistrictformedfrom two or more oommon school distriots,from a common schooldlstrlotand a ruralhigh sohooldistrict,or 

### from any combinationof districts enumeratedin Section 1 of SenateBill 230 as a result of a consolidation electionorderedandheld in the manner providedin Article2806 afterthe effeotivedate of SenateBill 230 (July22, 1949),is an independentschool district. SUMMARY



### Insofaras SenateBill 230, Acts 51st Lee., R.S. 1949,ch.573,p.1118 (~rt.2815-2, V.C.S.)purportsto constituteany district heretoforeconsolidatedin the mannerprovided in this 

### Act as an Independentschool distriot,it is Ln violationof Section 35, Article III of 

### the Constitutionof Texas lnasmuchas such portionsof the Act am not embracedwithin theTitle,but any dlstrlot formedfrom a combinationof districtsenumeratedin Section1 of SenateBill 230, after the effectivedate thereof (July22, 1949)by a ConsolidatLoneleotionheld In the mannerprovidedIn Artiole2806,V.C.S., is an independentschooldistrict. Under the 

### facts submittedthe Plains RuralHigh 

### SchoolDistrictis 

### not constltut

### ed an independentschooldtstrlotunder 

### the provisionsof SenateBill 230.

APPROVED: J. C. Davis,Jr. County AffairsDlviaion CharlesD. Mathews RxeoutlveAssistant
CEO:mw Yours very truly, PRICRDARIRL AttorneyGeneral

ChesterE. Ollison

Assistant