~~%~A~oRNEY GENERAL, 

OFTEXAS 

July 28, 1949. 

. 

Hon. Roy fi. Bill 

County Attorney 

Opinion lo. V-866. 

Runnels County 

Ballingor, Texae 

Ren Propriety of calling ooneolldation election upon petition 

filed under Art. 2806 by restdents of a “dormant” di#triot 

a8 dofined in Art, VIII, S. 1). 

Dear Sir a 116, Aots Slat Legislature, 

We refer to your r,eoent inquiry a8 to the authority of a "dormant" rohool distrlot (aa def'#.ned in 

Artlole VIII, 5. B, 116, Aot8 of the slat Legislature, 

1949, and a8 oonetrudQ in 'opinion V-856 a copy of which 

is enoloeed) to petition for consolidation with a oonti 

Et 

oua mhool distriot,oprrstlng itr mohoolr and the 

au orlty OS a ooumty judge to call ruch l leotien under 

Article 2806, V.C.S. 

The Pourth paragraph of Article VIII, S.B. 116, 

read8 as followst 

"The provlsiens herein for the aenaolidatlon of school dlatrlots by order of the 

county Board of Truetees 8halL be applloable 

only in the lnrtanors and olraumtances hrroArticle XII, the repealing olause of S,B, ll.6, 

repeals only those law8 which are Sn confliat with thle 

newly enaoted rtxltute. Th\sa, by virtue of the prov$.- 

rlone 81 Artlole VIII quoted and Artiole XII, Article 

2806 and other applioable rtatuter en eleotions for emasolidation and statutes on annexation have not been repealed; they me in Pull force and effeat unless Article 

VIII ot S.B. 116 oonf'llcts therewith. 

We have already stated in our Opinion Ro. V-855 

that we believe the primary purpose of Article VIIr, when 
Hon. Roy L. Hill, page 2 (V-866) 

considered along with all provisions OS S.B. 116, 5s to 

provide a more expeditious method of abollshlng dormant’ sohool districts (as therein defined) and to requlre their consolidation “with an adjoining district or 

districts .” Further, it is to provide a better arrangement of applicable situations for the revenue purposes 

of S.B,, 116 and to simplify the law governing the raising and dlsposltlon of school funds to finance this new 

Foundation School Program. That the Legislature ha8 the 

powur to ao provide for the abollshlng of dormant sohool 

districts 5n the manner set out in Article VIII 5s supBut we do not construe Article VIII as provldlng the exclusive manner by which dormant districts 

shall be oonsolidated with an adJoInIn& dfstrfct or districts, We have held that such dormant” districts must 

be oonsolldated, Sqr rticle VIII expressly so “authorizes md requires. OpYn5on V-855) . However, the 

above quoted paragraph of Article VIII further sxpresaly 

prov54es that the dormant district consolidation proc,edure therein prescribed “shall not be construed to . . . 

limit any existing statute pro$idlng e methods of 

school district consolidation, 

Article 2806 Is an existing statute providing 

one other method of school district consolidation. 

Shoum advise herein that Article VII3 provides the 

only and exclusive method whereby dormant sohool dlatrlats, as therein defined, may be consolidated, we 

would, in effect, hold that the authority granted to 

schaol distrIcta and the county judge in Article 2806 

ia 15m5trd by and subdect to ;4he provls5ons of Article 

VIII 5naoSar as such dormant school districts may be 

involved o Suoh a construction would do violence to the 

underscored provisions of Article VIIIi 

OS course, where a county school board oonrolldates a “dormant” district as provided in Artlale VIII& 

that 58, passes its order to that effect, the “dormant 

dlstrlot has been abolished by such action. Kermit 1.9. 

z!&i&&$~ supra, at page 722. Such arm 

s ed y consol54ation no longer exists to act 

under Artlole 2806. 
.,- 

Bon, Roy L, Hill, Page 3 %V-866% 

But IS, prfop to pasea e of a OoiWj board oonsolldation order as provided In f rtlole VIII, such a 

dormant district acting under Article 2806 SlleB the required proper petlt5on wfth the aouiity judge, the rules 

applicable to co-ordinate jI.u?58d5ot5~ attaoh, lnvest5ng the couuty judge with exoluslve jurlsd5otPon and the 

m5nlstsrfal duty to call the oonaol54atfon eleotlon required In Artlcl 

Baker, 120 Tex, 307, 

?3z=7D5st0 Ho: 11 X” 

lY3y-(Tex cric qipa 1 

Common School Diet,, 

error GTZi7r”r.i 

, 

f’rom and dur 

“2 

the tfme p~lofo consol54at5on pPooeo45ngs 

under Artlole 806 are Sfrst fnitfated and enbing, the 

County school board would have no jur584iot P on to Wt sx 

matters affecting the status of a aehool 45strlat so Lavolvrd 0 However, sheuld tho slectlon called puvsuamt 

to Article 2806 rail to oarry, then the county bear4 

would be at liberty to consol5date safd dormant” dlstrlct with an a4jofnlhg dfstpfct OF distvfcta under Artfcle VIII, S,B, 116, 

A “dwm8nt’ sohool 42st~Oot a0 d@Siosd 

in Art5010 VIII, S,B, 116, Acts 51re Logislaturo, may bu aoasel54a&r4 wfth an adgolm3.q 

dlstmlct or d5stP5ots by osnpl5amo wfth PPOvisions OS Artlole 2806, V,C,S, Snoh Art,lolo 

VIII 4oes not prescribe,,the excfuslve method 

f%~~~snsol5datlon of a donant sohosl dlsc 

Where oensolf4at5on preaee45.48 em fnitfated by SW5ug a propor petitlen wfth the 

county ju4ge as required 5n Article 2806, 

prior to oonsol54at5on OS the “dormant” 

distrlot by the oounty sohool bard undsr 
HOG, ROY L. ~1, page 4 (V-866) 

Article VIII, S,B, 116, the oowty ju@e 

must call the election for consolOclatfon 

rmplred by Artiole 2806* 

Yours very truly, 

ATTORNEY CU!BERAL OF TEXAS