Hon. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

201 E. 11th Street 

Austin, Texas 78701 

Dear Dr. Edgar: 

Opinion No. M-1055 

Re: Questions relating to the 

areas from which trustees 

of the Dallas Independent 

School District may be 

elected 

You have requested the opinion of this office on the 

above matter. In connection with your request you have fur* 

nished the following information: 

"The Dallas Independent School District has 

a nine member school board. Currently six of 

which .are elected on a place-member basis from 

six designated areas or districts within its confines (one from each district): the other three 

are elected at large. See Section 6 of Article 

2783d, and Section 6a as amended in 1967. All 

qualified voters of the Dallas district may vote 

on candidates for each of the nine places. 

"By resolution the Board of Trustees of the 

District has proposed (1) that each of its trustees 

be elected only by the qualified voters in the 

district-area from which he runs, except for the 

three elected at large who would be elected as 

before: or (2~) in the alternative: that the Board 

of Trustees designate nine districts-areas, and 

that each trustee be elected only by the qualified 

voters in the district-area from which he runs. 

Under either of these proposed plans, the voting 

district-areas with the school district would (it 

is contemplated) have approximately the same number 

of population. 

-5150-. 
Hon. J. W. Edgar, page 2, (M-1055) 

"The Board of Trustees of the Dallas Independent School District has requested that I 

immediately obtain an opinion from the Office 

of Attorney General on the following submitted 

question: 

"Legally, may either or both of these 

above proposed new plans be accomplished 

by resolution or action of the Board of 

Trustees of the Dallas Independent School 

District?" 

In connection with your request, the following is quoted 

from Section 6 of Article 2783d*, Vernon's Civil Statutes: 

"The Board of Education or Board of Trustees 

of such independent school district, after separation from municipal control, shall consist of 

nine (9) members, elected by the qualified voters 

of such school district, six (6) of whom shall be 

elected from districts hereinafter provided to be 

created and three (3) at large, and when elected 

shall serve for a term of three (3) years; the 

terms shall be so arranged that three (3) members 

will be elected annually at an election to be held 

on the first Saturday of April. The present members of the Board of Education of any such district 

shall, one hundred and twenty (120) days before 

the first Saturday in April, 1950, cause such school 

district to be divided into six (6) districts according to the population so that all such districts will 

have approximately the same population, and shall 

designate such districts, numbers one to six (1 to 

6) inclusive. From time to time the Board shall 

* This Article was not affected by adoption of the Texas Education Code: see Sec. 3 of the Code. 

-5151- 
: 

Hon. J. W. Edgar, page 3, (M-1055) 

have authority to change the boundaries of 

the six (6) districts so that the population 

in these districts may remain approximately 

equal. . . .It (Emphasis added.) 

The following is quoted from Section 6a of Article 

2783d: 

"Capdidates for election to said Board 

shall be nominated by a majority vote of the 

electors voting in such election, and in the 

event no candidate receives a majority of the 

votes cast therein the Board of Education, 

after canvassing the results thereof, shall 

cause the names of the two (2) candidates 

receiving the highest number~of votes to be 

placed on the ballot to be voted upon at a 

special ~run-off election. . .n 

You inform us that Article 2783d has been interpreted 

and applied by the district so that all qualified voters in the 

district may vote upon all of the candidates at each election, 

whether the candidates are running from designated districts or 

at large. 

You ask whether the Trustees of the District may now 

change this interpretation so, 

‘I . . . (1) that each of its trustees be 

elected by the qualified voters in the districtarea from which he runs, except for the three 

elected at large who would be elected as before: 

or (2) in the alternative: that the Board of 

Trustees designate nine districts-areas, and 

that each trustee be elected only by the qualified voters in the district-area from which he 

runs. . . .'I 

The proposed action is clearly contrary to the provisions of Article 2783d ads it has been interpreted and applied 

-5152- 
. 

. 

Hon. J. W. Edgar, page 4, 

by these Trustees for the past four years and acquiesced in 

by all parties concerned. Under these circumstances we feel 

constrained to give this interpretation great weight. 53 

Tex.Jur.2d 259-263, Statutes, Sec. 177. 

(M-1055) 

Our opinion is that the Board of Trustees of the 

District may not now alter this interpretation nor act 

contrary to it. 

__----- SUMMARY 

The provisions of Art. 2783d, V.C.S., 

governing the 'election of trustees of D~allas 

Independent School District, may not be altered 

by any action of the Board of Trustees of the 

District nor may the Board legally act contrary 

to them. 

Ve$y truly yours, 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bart Boling 

Brandon Bickett 

Scott Garrison 

Dan Green 

-5153- 
. . 

Hon. J. W. Edgar, page 5, (M-1055) 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive As.sistant 

NOLA WHITE 

First Assistant 

-5154-