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 fromwhich 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:

"TheDallas Independent School District has anine member school board. Currently six of which .areelected on aplace-member basis from six designated areas or districts within its confines (onefrom each district): the other three are elected at large. See Section 6 ofArticle 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. "Byresolution the Board ofTrustees of the District has proposed (1)that each of its trustees be elected only by the qualified voters in the district-area fromwhich he runs, except for the three elected at largewho 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 fromwhich 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 ofpopulation.

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"TheBoard of Trustees of the Dallas Independent School District has requested that I immediately obtain an opinion from the Office ofAttorney 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 isquoted from Section 6ofArticle 2783d*, Vernon's Civil Statutes:

"TheBoard of Education or Board of Trustees of such independent school district, after separation frommunicipal control, shall consist of nine (9)members, elected by the qualified voters of such school district, six (6)ofwhom shall be elected from districts hereinafter provided tobe created and three (3)at large, andwhen 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 tobe held on the first Saturday ofApril. The present members of the Board of Education of any such district shall, one hundred and twenty (120)days before the first Saturday inApril, 1950, cause such school district tobe divided into six (6)districts according to thepopulation so that all such districts will have approximately the same population, and shall designate such districts, numbers one to six (1to 6) inclusive. From time to time the Board shall

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

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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 isquoted from Section 6a ofArticle 2783d: "Capdidates for election to said Board shall be nominated by amajority vote of the electors voting in such election, and in the event no candidate receives amajority 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 tobe placed on theballot tobe voted upon at a special ~run-offelection.
. .n You inform us thatArticle 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 askwhether the Trustees of the District may now change this interpretation so,

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. . . (1)that each of its trustees be elected by the qualified voters inthe districtarea fromwhich he runs, except for the three elected at largewho would be elected asbefore: 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 fromwhich he runs. . . .'I The proposed action isclearly contrary to theprovisions ofArticle 2783d adsithas been interpreted and applied

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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 ofArt. 2783d, V.C.S., governing the 'electionof trustees ofD~allas Independent School District, may notbe 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 byAustin 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

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

SAM MCDANIEL Staff Legal Assistant
ALFRED WALKER Executive As.sistant NOLAWHITE First Assistant

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