E L%YTCBECNEY GENERAL O)F -XAS

ArrwTrN. TEXAR 78711

February 25, 1969

Honorable J. W. Edgar Opinion No. M-344 Commissionerof Education Texas EducationAgency Re: Territorial limits of 201 East 11th Street the Burnet Independent Austin, Texas 78701 School District

Dear Dr. Edgar:

In your recent request for an official opinion from this Departmentyou have submitted the following facts:

1. Burnet Independent School District is a county-line school district having territory in Burnet and Llano counties. Briggs Independent School District is also a countyline school district having territory in Burnet and Williamson Counties.

2. On August 16, 1968, the Burnet County Board of School Trustees annexed the Brlggs Independent School District to Burnet Independent School District pursuant to the provfslons of Article 2922a,Vernon's Civil Statutes. 3. On August 20, 1968, the Board of Trustees of the Brlggs Independent School District appealed the order of the Burnet County Board to the Commls~sloner of Education as authorized by Article 2686 Vernon's Civil Statutes, By order of September 17, 1968, the Commfssionerof Education sustained the action of the Burnet County board, The Commissioner's order was not appealed. 4. The Llano County Board of School Trustees approved the annexation by the Burnet County board on August 23, 1968. 5. The Williamson CountyBoard of School Trustees ,refused

to approve the annexa%ion of Briggs Independent School Dfstrict to the Burnet

1099 -Honorable J, W. Edgar, page 2 (M-344)

Independent School District. The refusal to approve the annexationwas appealed to the Commissionerof Education by the Burnet County board. The Commissionerof Education ruled that the annexationwas valid under Article 2922a, and no appeal was perfected from this order; that the refusal of the School Trustees of Williamson County constitutedan abuse of discretion,

From the facts submitted, it appears that the annexation is authorized by virtue of the provisions of Article 2922a-29221,Vernon's Civil Statutes.- See also State v. School of Trustees of Shelby County 150 Tex. 238m S.W.2d 777 (1951). Partieswho are'aggrievedby acts of County Boards of School Trusteesmay appeal to the Commissioner of Education and through the judicial system. Article 2686, V.C.S., Cook v. %ill 163Tex. 49 352 S.W.2d 258 (1961). irnderthe sul emittedfacts. ail parties who were aggrieved by the actions of the various boards elected to appeal to the Commissionerof Education,who upheld the annexation of Briggs Independent School District to the Burnet Independent School District. No appeals were perfected from the orders of the Commissioner,and we accordingly hold that the annexation is valid.

In view of the foregoing,, the holdings in such cases as County School Trustees v. Leon Independent School District 336S.W.2d 809 (Tex. Clv. App. 1960, no writ) 1 in 32b S.W.2d 928 (Tex. Civ. App. 1959, no writ) and'Lzri:a Ind. Sch. Dist. v. RosenthalCom.Sch. Dist, 4,2E S.W.2d 491 (Tex.Civ. App. 1967, error ref. n.r.e.j,with which you are concerned, are not applicable to the factual situation here presented,and the law to be applied t,hereto. In that line of cases, no action of concurrenceof the proposedannexation had been taken by the trustees of one of the school districts affected. Consequently the orders of annexation and transfer were invalid. In the situation now before us, the non-concurrenceof the Williamson County Board of School Trustees was appealed and the Commissioner of Education reversed the action and ordered concurrence. This became final when no appeal was taken therefrom. Insofar as the Williamson CountyBoard had the right to refuse concurrence, the State Commissionerwas empowered to substitute its order of concurrence in lieu thereofupon finding an abuse of discretionby the Williamson County Board. This was one of the holdings in the Rosent,hal case, supra, 1700-,

### HonorableJ.W,Edgar, Pam 3 (M-344)

SUUWARY
The annexationof Districtby theBurnet via valid. BriggeIndependent. School IndependentSchoolDistrict

RDC.MARTIN ffeneral

of Texas Preparedby JohnW. Fainter,Jr. AselatantAttorney(lenera
APPROVED: 0PINION 

### COMMITTEE
Kerns 

### Taylor,Chairmen GeorgeKelton,Vice-Chairman RickFisher HoughtonBrownlee JackSparks JameaQuick
W.V. Oeppert STAFFLEQALASSISTANT

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