THE ATTORNEX GENERAL 

OF~XAS 

CXCAWFOpu3 c. MAlzTXl* AUSTIN.TEXAR 18711 

A??rORNEY GENXERAI. 

November 24, 1967 

Hon. J. W. Edgar Opinion No. M-158 

Commissioner of Education 

Texas Education Agency Re: By what procedure or 

Austin, Texas method may it be determined in an independent 

school district regular 

trustee election which 

of the successful candidates shall be or has 

Dear Dr. Edgar: 

been elected to fill the 

vacancy (one year) term, 

where the district may 

not or does not elect 

its trustees pursuant 

to Article 2775a-1. 

By recent letter you have requested an opinion 

of this office in regard to the above stated matter. We 

quote from your letter as follows: 

"Prior to enactment of House Bill 684 

(Acts 60th Leg., R.S. 1967, at page 1073; 

codified as Article 2777-1) a person appointed to a vacancy on a board of trustees of 

an independent school district was appointed 

to fill the same for the unexpired term. 

"Effective August 28, 1967, Article 

2777-l provides in part: 

"Section 1. In all independent school 

districts. . . if a vacancy occurs on the 

board of trustees, the remaining members 

of board of trustees shall fill the vacancy 

until the next regular election for members 

of the board of trustees. If, at the time 

of that election, there remains any portion 

of the term so filled, a person shall be 

elected to serve out the remainder of the 

unexpired term. . . . 

-73.5 
. . . 

Hon. J. W. Edgar, page 2, M-158 

"Subject to this law, a person was 

recently appointed to a vacancy on the 

board of trustees of an independent 

school district. The term of the office he fills expires in April, 1969. 

"On first Saturday in April, 1968, 

is the next regular election for trustees. 

At that time, as the statute requires, a 

person shall be elected to serve out the 

remainder of the unexpired term (one year). 

"At the same election in April, this 

district will normally elect three trustees 

for three year terms. (Article 2774a, V.C.S.) 

The district has not adopted the place or 

position number basis of electing its trustees, permitted under Article 2775a-1. Many 

independent school districts are not eligible 

to adopt its provisions. Therefore, normally 

those candidates which receive the larger 

number of votes at the election will be 

elected as trustees to fill those offices 

then up for election, this year four: 

Three for 3-year terms, one for the unexpired l-year term. 

"The cited district, several other 

inquiring independent school districts 

faced with the same vacancy filling election problem, and this Agency would appreciate an opinion from the Office of Attorney General on the question(s): 

"By what procedure or method may 

it be determined in an independent 

school district regular trustee election which of the successful candidates 

shall be or has been elected to fill 

the vacancy (one-year) term, where 

the district may not or does not 

elect its trustees pursuant to Article 2775a-l?" 

Article 2775a-1, Vernon's Civil Statutes, originally enacted by the legislature in 1955 and amended in 

1963 and again in 1965, would solve the problem at hand. 

It would permit the school boards to set out the vacancy 

-736- 
I . 

Hon. J. W. Edgar, page 3, (M-158) 

position as a separate position and permit the people to 

vote for the particular vacancy position and permit candidates to run for this particular position. However, Article 2775a-1, V.C.S., does not apply to independent school 

districts of less than five hundred scholastics, and also, 

it is an optional statute. Consequently, this opinion will 

be restricted to a discussion of the independent school 

districts which have not adopted or are not subject to the 

provisions of Article 2775a-1. 

The underlying intent of Section 1 of Article 

2777-1, quoted above, is that the voters should be permitted to fill any school board trustee vacancy without calling a special election whenever a vacancy occurs. Thus, 

the present members of the school board may only fill the 

vacancy until the next general election and at which time 

the ballot would specifically designate the names of the 

candidates seeking to fill the unexpired term. 

In line with the above stated statutory purpose, 

it is the opinion of this office that Article 2777-l requires that the vacancy position be specifically designated 

on the ballot so that the voters will know that they are 

filling- a vacancy as they are required to do by law. 

SUMMARY -----me 

In all independent school districts not 

subject to the provisions of Article 2775a1, Vernon's Civil Statutes, the effect of Article 2777-1, Vernon's Civil Statutes, is to 

require that the ballot specifically designate that an unexpired term is being filled 

by the voters. 

Prepared by James C. McCoy 

Assistant Attorney General 

eneral of Texas 

-737- 
Hon. J. W. Edgar, page 4, (M-158) 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

James Quick 

John Banks 

Dunklin Sullivhn 

A. J. CARUBBI, JR. 

Staff Legal Assistant 

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