October 11, 1972

Rep. Charles H.Jungmichel Chairman, House Committee on Public Education Opinion No. M-1235

Re: Texas House of Representatives State Capitol B;;;f;ng Austin, Texas

Dear Mr. Jungmichel: Constitutionality of statute authorizing voters of anindependent school district within ajunior college district to vote themselves out of thejunior college district, andrelated questions involving S.B. 19 andH.B. 33, b2nd Leg., 1972, 4th C.S.

Your request for anopinion reads as follows:

"Senate Bill 19and House Bill 33are before the Legislature at this time and they are being considered bythe House Committee on Public Education of which I amChairman. Aquestion concerning the legality of this proposed legislation has arisen which I feel needs someclarification.

"In their applicatio~n, these bills will apply only to the Odessa Junior College District. ADart of that district comprising the Midland Independent School District wants alegal basis to disannex itself from the Odessa Junior College District andestablish anewJunior College District. This propo~sed disannexation andcreation of the separate Junior College District will be voted onby the qualified voters of the independent school districts. Those voting onthe disannexation question are anumerical minority in the Junior College District. Thevote, if taken under this bill, would makeit possible for the numerical minority to decide the question for all the voters in the Odessa Junior College District.

"The questions to be answered are:

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Hon. Charles H. Jungmichel, page 2 (M-1235)

II1. Is it constitutional for the voters of
an independent school district within ajunior college district to vote themselves out of the junior college district?

“2. Does the bill cover only the Odessa Junior College Taxing District?

“3. If parts of the bill apply to other than the Odessa Junior College Taxing District, specifically what applies to other districts?
11 4. Whateffect would this bill have on subsequent junior college annexation and disannexation procedures?

11 5. Is this aprecedent injunior college annexation anddisannexation procedures in so far as geographic integrity, i.e. could any governmental entity vote itself out of adistrict at anelection called byapetition signed by 5%of the voters without avote of the whole district?”

S.B. 19andH.B. 33, b2nd Leg. 4th C.S., are companion bills amending Subchapter d, Chapter 51, Texas Education Code; byadding 51.069 reading as follows:

“Section 51.069. DISANNEXATION OF TERRITORYCOMPRISING ANINDEPENDENT

SCHOOL DISTRICT.

“(a) Theterritory of anindependent school district which is the-only school district that has been annexed to acountywide independent school district junior college district in anadjoining county may be disannexed from such countywide independent school district junior college district and constituted as aseparate independent school district junior college district in accordance with the provisions of this section, provided that the countywide independent school district junior college district has nooutstanding bonded indebtedness which was incurred after the annexation of such independent school district.

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“(b) Theproposed disannexation andcreation of aseparate junior college district shall be initiated byapetition signed by not less than five percent of the qualified taxpaying electors of the independent school district seeking disannexation. Thepetition shall be presented to the board of trustees of the independent school district seeking to be disannexed, which shall pass upon the legality and genuineness of the petition and forward the petition, if approved, to the coordinating board.

“(c) If the petition is found to be in order andall statutory provisions have been complied with, the coordinating board shall approve the petition andnotify the board of trustees of the independent school district seeking to be disannexed, of such approval. Theboard of trustees of the independent school district seeking disannexation shall then order anelection to be held in the school district within atime not less than 20days nor more than 30days after the order is issued. At the election the ballots shall be nrinted to Drovide for votine for or against the’proposition: ‘Disannexation of the - atiog ent School District Tramthe Independent

andcreation Junior College District,

f the Junior Colleee District witVcoterminous with the boundaries of the ariescoterminous Independent School District.’ (the blanks to be filled in as appropriate). All expenses incurred in holding the election shall be paid by the independent school district ordering such election.

“(d) Theboard of trustees shall makea canvass of the returns anddeclare the result of the election within 10days after holding the election and shall enter anorder on the minutes of the board as to the result of the election. If amajority of the votes cast
are in favor of disannexation and creation of aseparate junior college district, such independent school district shall be deemed

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Hon. Charles H. Jungmichel, page 4 (M-1235)

disannexed andconstituted as aseparate junior college district.

“(e) If the creation of the separate junior college district is approved, it shall be governed by the provisions of this code relating to independent school district junior colleges. Theoffices of the representatives of the disannexed independent school district of the governing body of the countywide independent school district junior college district shall be terminated, andthe remaining members of that governing body shall continue to serve for the terms for which they were elected.

“(f) Anypetition for disannexation and creation of aseparate junior college district mayalso incorporate arequest for the proper authorities, in the event anelection is ordered for the creation of anewdistrict, to submit at the sameelection, either as apart of the disannexation issue or as aseparate issue, the questions of issuing bonds and levying bond taxes and levying maintenance taxes, in the event the district is created, not to exceed the limits provided in Section 51.102 of this code

.‘I

Section 1of Article VII of the Constitution of Texas provides :

“Ageneral diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish andmakesuitable provision for the support andmaintenance of anefficient system of public free schools.”

In construing the above quoted provision, in Mummev. Marrs, 120 Tex. 383, 40S.W.2d 31 (1931) liberal rules of construction of this constitutional it washeld

, that the provision should apply in determining the power of the Legislature in organizing apublic school system. It was further held that legislative determination of methods, restrictions and regulations in organizing aState educational system is final except

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Hon. Charles H. Jungmichel, page 5 (M-1235)

whenso arbitrary as to be violative of aconstitutional right.

Junior college districts constitute apart of the svstec of public free schools: Shepherd v. SanJacinto-Junior College District, 363 S.W.2d 742 (Tex.Sup. 1963). Therefore unless regulated by some other constitutional provision, it is within the sole discretion of the Legislature to determine the method of annexation or deannexation of the territory comprising junior college districts. Section 3-b of Article VII of the Constitution of Texas provides in part:

“NOtax for the maintenance of public free schools voted in any independent school district andnotax for the maintenance of ajunior college voted byajunior college district? nor any bonds voted in any such district, but unissued, shall be abrogated, cancelled or invalidated by change of anykind in the boundaries thereof. After any change in boundaries, the governing body of any such district, without the necessity of anadditional election, shall have the power to assess, levy andcollect advalorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance of public free schools or the maintenance of ajunior college, as the case maybe, and the payment of principal of and interest on all bonded indebtedness outstanding against, or attributable, adjusted, or allocated to, such district or anyterritory therein, in the amount, at the rate, or not to exceed the rate, and in the manner authorized in the district prior to the change in its boundaries, and further in accordance with the laws under which all such bonds, respectively,

were voted;

. . .‘I

Section 3-b of Article VII recognizes that the Legislature mayauthorize changes in the boundaries of junior college districts so long as outstanding bonds are not abrogated, cancelled or invalidated. Since the bills in question only apply

“provided that the county-wide independent school district junior college district has nooutstanding bonded indebtedness which was incurred after the annexation of such independent school district”

, the bonded indebtedness of the junior college district could not be and is not abrogated, cancelled or invalidated by the provisions of the bills in question.

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Hon. Charles H.Jungmichel. page 6 (M-1235)

It maybe argued that the electors comprising the entire junior college district should bepermitted to vote on the deannexation of the independent school district since all the taxable property within the boundaries of the junior college district is subject to taxation for the present junior college district. Nevertheless, this is aquestion that is solely within the discretion of the Legislature and is not required by any constitutional provision. You are accordingly advised, in answer to your first and fifth questions, that it is constitutional for the Legislature to authorize the voters of anindependent school district within ajunior college district to vote to deannex the territory comprising the independent school district and creating
anewjunior college district.

Finally, in connection with our consideration of your first question concerning constitutionality, wehave concluded that the form of the ballot and the proposition to be submitted to the voters, although duplicitous, is not confusing and is legally sufficient to inform the voter of the purpose of the election andthe effect of an affirmative vote and is thus constitutional. The form of ballot will beuuheld if not misleading to the voters. Beemanv. Mays, 163 S.k. 358 (Tex.Civ.App. 1914, error ref.).

fin answer to your second andthird questions, the bills in question apply to any independent school district which is the only school district that has been annexed to acountywide independent school district junior college district in an ad‘oining county. II At the present time weare unaware of any SC001 districts other than the Midland Independent School District annexed to the Odessa Junior College District to which these bills apply.

In answer to your fourth question, you are advised that the provisions of these bills will apply to deannexation procedure of territories of an independent school district which is the only school district that has been annexed to a countywide independent school district junior college district in anadjoining county, whether such territory has been annexed prior to or subsequent to the enactment of these bills.

SUMMARY

S.B. 19andH.B. 33of the b2ndLeg. 4th C.S., relating to deannexing territories of certain independent school districts from

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certain junior college districts are constitutional.

Prepared by John Reeves Assistant Attorney General

APPROVED: OPINIONCOMMITTEE

Kerns Taylor, Chairman W.E. Allen, Co-Chairman Gordon Cass Gerald Ivey James McCoy Roger Tyler

SAMUEL

D. MCDANIEL Staff Legal Assistant

ALFREDWALKER Executive Assistant

NOLAWHITE First Assistant

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