E L%YTCBECNEY GENERAL 

O)F -XAS 

ArrwTrN. TEXAR 78711 

February 25, 1969 

Honorable J. W. Edgar Opinion No. M-344 

Commissioner of Education 

Texas Education Agency 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 Department you 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 Commfssioner of 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 County Board 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 annexation was appealed to the 

Commissioner of Education by the Burnet 

County board. The Commissioner of Education 

ruled that the annexation was valid under 

Article 2922a, and no appeal was perfected 

from this order; that the refusal of the 

School Trustees of Williamson County constituted an 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). Parties who are'aggrieved by acts of 

County Boards of School Trustees may appeal to the Commissioner of Education and through the judicial system. 

Article 2686, V.C.S., Cook v. %ill 163 Tex. 49 352 

S.W.2d 258 (1961). irnder the sul emitted facts. ail parties 

who were aggrieved by the actions of the various boards 

elected to appeal to the Commissioner of 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 336 S.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. Rosenthal Com.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 concurrence of the 

proposed annexation 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-concurrence of 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 County Board had the right to refuse concurrence, the State Commissioner was empowered to 

substitute its order of concurrence in lieu thereof upon 

finding an abuse of discretion by the Williamson County 

Board. This was one of the holdings in the Rosent,hal 

case, supra, 

1700-, 
Honorable J. W, Edgar, Pam 3 (M-344) 

SUUWARY 

The annexation of 

District by the Burnet 

via valid. 

Brigge Independent. School 

Independent School District 

RD C. MARTIN 

ffeneral of Texas 

Prepared by John W. Fainter, Jr. 

Aselatant Attorney (lenera 

APPROVED: 

0 PINION COMMITTEE 

Kerns Taylor, Chairmen 

George Kelton, Vice-Chairman 

Rick Fisher 

Houghton Brownlee 

Jack Sparks 

Jamea Quick 

W. V. Oeppert 

STAFF LEQAL ASSISTANT 

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